Reed v. Annucci
| Citation | 175 A.D.3d 1700,108 N.Y.S.3d 536 |
| Decision Date | 19 September 2019 |
| Docket Number | 528521 |
| Parties | In the Matter of Robert REED, Appellant, v. Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents. |
| Court | New York Supreme Court Appellate Division |
175 A.D.3d 1700
108 N.Y.S.3d 536
In the Matter of Robert REED, Appellant,
v.
Anthony J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.
528521
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: August 30, 2019
Decided and Entered: September 19, 2019
Robert Reed, Malone, appellant pro se.
Letitia James, Attorney General, Albany (Martin A. Hotvet of counsel), for respondents.
Before: Egan Jr., J.P., Mulvey, Devine, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered January 2, 2019 in Franklin County, which, upon reargument, in a proceeding pursuant to CPLR article 78, among other things, adhered to its prior decision granting respondents' motion to dismiss the petition.
In 1993, petitioner was convicted of two counts of rape in the first degree and was sentenced by the Niagara County Court to consecutive terms of 8 to 25 years in prison. His conviction was later upheld on appeal with a modified sentence ( People v. Reed , 212 A.D.2d 962, 624 N.Y.S.2d 693 [1995], lv denied 86 N.Y.2d 739, 631 N.Y.S.2d 620, 655 N.E.2d 717 [1995] ). In 1995, he was convicted of two counts of promoting prison contraband in the first degree and was sentenced by the Chemung County Court to 2½ to 5 years in prison to run concurrently with one another and consecutively to his 1993 sentence. During the course of his incarceration, petitioner has brought various proceedings in state and federal court challenging the validity of the Niagara County Court commitment and sentence, all of which were unsuccessful (see e.g. People ex rel. Reed v. Tedford , 110 A.D.3d 1123, 973 N.Y.S.2d 369 [2013], appeal dismissed and lv. denied 22 N.Y.3d 1008, 980 N.Y.S.2d 379, 3 N.E.3d 717 [2013] ; Matter of Reed v. Fischer , 92 A.D.3d 1001, 937 N.Y.S.2d 640 [2012] ; Matter of Reed v. Fischer , 79 A.D.3d 1517, 912 N.Y.S.2d 468 [2010] ; Matter of Reed v. Travis , 19 A.D.3d 829, 797 N.Y.S.2d 597 [2005], lv denied 5 N.Y.3d 708, 803 N.Y.S.2d 29, 836 N.E.2d 1152 [2005] ;
People ex rel. Reed v. Travis , 12 A.D.3d 1102, 784 N.Y.S.2d 403 [2004], lv denied 4 N.Y.3d 704, 792 N.Y.S.2d 897, 825 N.E.2d 1092 [2005] ; see also Reed v. Great Meadow Correctional Facility , 981 F Supp 184 [WD N.Y.1997] ). In addition, the CPL article 440 motions that he filed in both the Niagara County Court and the Chemung County Court were denied.
In May 2017, petitioner commenced this CPLR article 78 proceeding seeking to be released from custody on the ground that he remains...
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...court "overlooked or misapprehended the facts and/or the law or mistakenly arrived at its earlier decision" ( Matter of Reed v. Annucci, 175 A.D.3d 1700, 1701, 108 N.Y.S.3d 536 [2019] [internal quotation marks and citation omitted]; see CPLR 2221[d][2] ). A perusal of the record confirms th......
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