People ex rel. Driscoll v. LaClair

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered January 23, 2009 in Franklin County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 70, and discharged petitioner.

In 1994, petitioner was convicted of criminal possession of a controlled substance in the third degree and sentenced to 17a to 4 years in prison. Following his release on parole, petitioner was convicted of criminal sale of a controlled substance in the third degree and, in 1996, was sentenced to a prison term of 47a to 9 years. Petitioner again was released to parole supervision…