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PEOPLE EX REL. RUDOLPH v. LILLEY

534017.

215 A.D.3d 1196 (2023)

186 N.Y.S.3d 743

2023 NY Slip Op 02153

The People of the State of New York ex rel. Whirlee Rudolph, Appellant, v. Lynn J. Lilley, as Superintendent of Eastern Correctional Facility, Respondent.

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

Decided April 27, 2023.

Attorney(s) appearing for the Case

Whirlee Rudolph, Napanoch, appellant pro se.

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

Clark, J.P., Aarons, Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.

Appeal from a judgment of the Supreme Court (Lisa M. Fisher, J.), entered September 15, 2021, in Ulster County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 2016, petitioner was convicted of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree and received an enhanced sentence of 12 years in prison along...

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