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PEOPLE EX REL. COLEMAN v. NAPOLI

506741

68 A.D.3d 1401 (2009)

2009 NY Slip Op 9345

889 N.Y.S.2d 876

THE PEOPLE OF THE STATE OF NEW YORK ex rel. MARK COLEMAN, Appellant, v. DAVID NAPOLI, as Superintendent of Southport Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 17, 2009.

In December 1997, petitioner was sentenced, as a second felony offender, to a prison term of 4½ to 9 years for his conviction of criminal sale of a controlled substance in the third degree. In March 2003, while on parole, petitioner was convicted of attempted criminal sale of a controlled substance in the third degree and sentenced, again as a second felony offender, to a prison term of 3 to 6 years. The sentencing court was...

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