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MATTER OF KIRKLAND v. ANNUCCI

2015-06006. Index No. 1356/15.

150 A.D.3d 736 (2017)

2017 NY Slip Op 03514

54 N.Y.S.3d 40

In the Matter of FRANKLIN KIRKLAND, Appellant, v. ANTHONY J. ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided May 3, 2017.

Ordered that the order and judgment is affirmed, without costs or disbursements.

In 2011, the petitioner was convicted of criminal sexual act in the second degree and was sentenced to a determinate term of imprisonment of five years, to be followed by five years of postrelease supervision. He reached the maximum expiration date of his prison sentence on March 31, 2015. At that time, the New York State Department of Corrections and Community Supervision (hereinafter...

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