X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Papers Considered:1. Order to Show Cause (O’Connor, J.), dated November 22, 2017; Verified Petition, verified on November 1, 2017, with attached exhibits 1-10;2. Answer, dated November 14, 2018, with annexed exhibits A-D; Memorandum of Law in Support of Respondent’s Answer, dated November 15, 2018; and3. Reply, dated November 27, 2018. Petitioner, an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), commenced this CPLR article 78 proceeding seeking to compel respondent to accept his June 13, 2016 letter to Governor Andrew Cuomo requesting “a pardon upon innocence” (Petition, 1). Respondent opposes the application through an answer.1BACKGROUNDAfter being convicted of five class C felonies, petitioner was sentenced in 1993 to a prison term of 35 years to life as a persistent violent felony offender (see Verified Petition ["Petition"], 6; Penal Law §70.08). In 2003, while confined at Auburn Correctional Facility, petitioner was convicted of two class D felonies and sentenced as a persistent violent felony offender to consecutive terms of imprisonment of 15 years to life (see id.). Thus, petitioner is serving a total aggregate sentence of 65 years to life on his 1993 and 2003 convictions (see id.).Petitioner alleges that his sentences on the 1993 and 2003 convictions were enhanced on account of two prior convictions for violent felonies, and he claims to be innocent of the latter such conviction (“1985 conviction”) (see id.,

6, 8-9, 17). Petitioner contends that if he were pardoned of the 1985 conviction by the Governor, his current sentences would be subject to mandatory reduction (see id.,

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 13, 2024
New York, NY

Honoring outstanding legal achievements focused at the national level, largely around Big Law and in-house departments.


Learn More
November 14, 2024
New York, NY

Women Leaders in Consulting Awards honors the industry standouts and rising stars who are making a mark within the profession.


Learn More
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More

Boutique union side labor law firm seeks an entry level attorney that can thrive in a fast paced practice that is growing at a rapid rate. E...


Apply Now ›

Our client, a highly distinguished regional law firm, is seeking to hire a Capital Markets Associate for their growing office. Candidates s...


Apply Now ›

Carlton Fields is seeking an associate to join our Hartford office with three to five years of construction litigation experience. Excellent...


Apply Now ›