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People ex Rel. Davidson v. Henderson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1976
54 A.D.2d 602 (N.Y. App. Div. 1976)

Opinion

September 24, 1976

Appeal from the Cayuga Supreme Court.

Present — Moule, J.P., Cardamone, Simons, Mahoney and Dillon, JJ.


Judgment unanimously affirmed. Memorandum: In this habeas corpus proceeding relator contends that the reasons given by the Board of Parole in denying him parole are insufficient to comply with the requirements of subdivision 6 of section 214 Correct. of the Correction Law and fail to satisfy constitutional due process guarantees. He seeks release from custody. Special Term disallowed the petition. Habeas corpus is not the proper procedure to raise this issue and we treat the matter as a CPLR article 78 proceeding (Matter of Greene v Smith, 52 A.D.2d 292, app dismd 40 N.Y.2d 826; CPLR 103, subd [c]). The reasons furnished by the Board of Parole are: "(1) less than adequate disciplinary record; (2) type of crime — Assault with Attempt Rape; (3) adverse D.A. letter; (4) long serious alcoholic problem; (5) long assaultive criminal record in which you've obtained five convictions." The reasons furnished, other than the adverse District Attorney's letter, are sufficient (see Matter of Watkins v Caldwell, 54 A.D.2d 82).


Summaries of

People ex Rel. Davidson v. Henderson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1976
54 A.D.2d 602 (N.Y. App. Div. 1976)
Case details for

People ex Rel. Davidson v. Henderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. STANLEY DAVIDSON, Appellant…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 24, 1976

Citations

54 A.D.2d 602 (N.Y. App. Div. 1976)

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