A New York man convicted of using the network of Internet service provider EarthLink Inc. to send out hundreds of millions of unsolicited commercial (spam) e-mail was sentenced to between three-and-a -half and seven years in prison Thursday, according to Brad Maione, a spokesman for New York State Attorney General Eliot Spitzer.

Howard Carmack of Buffalo, New York, also known as the "Buffalo Spammer," was sentenced by senior Erie County Judge Michael D'Amico in Buffalo. The sentence is the first obtained following a conviction using the state's identity theft law, Maione said.

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