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PEO (GREEN) v. SUPERINTENDENT

521148.

137 A.D.3d 56 (2016)

25 N.Y.S.3d 375

2016 NY Slip Op 00417

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM GREEN, Appellant, v. SUPERINTENDENT OF SULLIVAN CORRECTIONAL FACILITY et al., Respondents.

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

Decided January 21, 2016.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jill K. Sanders of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.

GARRY, J.P., ROSE, DEVINE and CLARK, JJ., concur.

OPINION OF THE COURT

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 27, 2015 in Sullivan County, which denied petitioner's application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2013, petitioner was convicted of attempted sexual abuse in the...

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