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PEOPLE EX REL. POTTER v. SUPERINTENDENT OF RIVERVIEW CORRECTIONAL FACILITY

533632.

207 A.D.3d 1013 (2022)

170 N.Y.S.3d 925

2022 NY Slip Op 04771

The People of the State of New York ex rel. Donald J. Potter, Appellant, v. Superintendent of Riverview Correctional Facility, Respondent.

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

Decided July 28, 2022.

Attorney(s) appearing for the Case

Donald J. Potter, Newburgh, appellant pro se.

Letitia James, Attorney General, Albany (Allyson B. Levine of counsel), for respondent.

Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ., concur.

In 2019, following a jury trial, petitioner was convicted of burglary in the third degree, grand larceny in the third degree, criminal possession of stolen property in the third degree and possession of burglar's tools and was sentenced to a controlling prison term of 3½ to 7 years. The charges stemmed from conduct that occurred in Orange County in 2018. In April 2021, petitioner also pleaded guilty in Westchester County to attempted burglary in the third degree (based...

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