Legal Opinion

Avent v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 2010PublishedCited by 6 opinions

1Opinion of the Court

Cross appeals from a judgment of the Supreme Court (Zwack, J.), entered February 9, 2009 in Albany County, which partially granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Department of Correctional Services calculating petitioner’s prison sentence, and ordered that petitioner be resentenced.

Petitioner was sentenced in 2001 as a second felony offender to a controlling prison term of 15 years upon his conviction of several counts of robbery and criminal possession of a weapon. Neither the sentence and commitment orders nor the…

2Cases cited6 opinions

  1. People ex rel. Gill v. GreeneNew York Court of Appeals · 2009
  2. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2009
  3. Dalton v. JamesAppellate Division of the Supreme Court of the State of New York · 2009
  4. People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 2007
  5. Hunt v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by6 opinions

  1. People v. SparksAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Bond v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2020
  3. Matter of Encarnacion v. LamannaAppellate Division of the Supreme Court of the State of New York · 2019
  4. Matter of Encarnacion v. LamannaAppellate Division of the Supreme Court of the State of New York · 2019
  5. People ex rel. Gordon v. BowenAppellate Division of the Supreme Court of the State of New York · 2010

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