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Matter of Angel v LaClair 2010 NY Slip Op 31248(U) May 10, 2010 Supreme Court, Franklin County Docket Number: 2010-166 Judge: S. Peter Feldstein Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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STATE OF NEW YORK SUPREME COURT COUNTY OF FRANKLIN ______________________________________________X In the Matter of the Application of TERRY ANGEL, #05-A-5577, Petitioner, for Judgment Pursuant to Article 70 of the Civil Practice Law and Rules -againstDECISION AND JUDGMENT RJI #16-1-2010-0059.09 INDEX # 2010-166 ORI # NY016015J

DARWIN LaCLAIR, Superintendent, Franklin Correctional Facility, and ANDREA EVANS, Chief Executive Officer, NYS Division of Parole and Chairwoman, NYS Board of Parole, Respondent. ______________________________________________X This proceeding was originated by the Petition for a Writ of Habeas Corpus of Terry Angel, verified on February 2, 2010, and filed in the Franklin County Clerk's office on February 9, 2010. Petitioner, who is an inmate at the Franklin Correctional Facility, is challenging his continued incarceration in the custody of the New York State Department of Correctional Services. The Court issued an Order to Show Cause on February 17, 2010 and has received and reviewed respondents' Return, dated April 2, 2010, as well as petitioner's Reply thereto, filed in the Franklin County Clerk's office on April 21, 2010. On July 12, 1994, petitioner was sentenced in Supreme Court, New York County, as a second violent felony offender, to a controlling indeterminate sentence of 7

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