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PEOPLE EX REL. HARRIS v. HOWARD

533813.

209 A.D.3d 1221 (2022)

175 N.Y.S.3d 734

2022 NY Slip Op 06046

The People of the State of New York ex rel. Frank Harris, Appellant, v. David Howard, as Acting Superintendent of Woodbourne Correctional Facility, et al., Respondents.

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

Decided October 27, 2022.

Attorney(s) appearing for the Case

James Johnston, New York City, for appellant.

Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondents.

Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.

Appeal from a judgment of the Supreme Court (Stephan G. Schick, J.), entered July 12, 2021, in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was convicted in 1999 of robbery in the first degree, burglary in the first degree and other crimes...

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