Johnson v. Fischer
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from a judgment of the Supreme Court (Melkonian, J.), entered February 1, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to notify the sentencing court that he was erroneously sentenced.
In 1995, petitioner was sentenced, as a persistent felony offender, to four concurrent prison terms of 25 years to life. In 2010, he requested that respondent, pursuant to Correction Law § 601-a, notify the sentencing court that he had been erroneously sentenced as a persistent felony offender. Respondent denied the…
2Cases cited7 opinions
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- New York Civil Liberties Union v. StateAppellate Division of the Supreme Court of the State of New York · 2004
- Morrison v. HynesAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by16 opinions
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- Matter of Johnson v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
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