People ex rel. Johnson v. Superintendent, Fishkill Correctional Facility

OPINION OF THE COURT

Peter M. Forman, J.

In 2007, relator Thomas Johnson was convicted after trial of one count of assault in the second degree, a class D violent felony, in violation of Penal Law § 120.05 (2). That conviction arose from an incident in which relator grabbed the victim from behind, dragged her into a bedroom, choked her with his hands and with a leather belt, and caused her to lose consciousness and suffer physical injuries. On September 10, 2007, relator was sentenced, as a second violent felony offender, to a determinate term of imprisonment of seven years. On September 13,…