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Matter of Jandelli v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Jul 6, 1995
217 A.D.2d 733 (N.Y. App. Div. 1995)

Opinion

July 6, 1995

Appeal from the Supreme Court, Albany County (Hughes, J.).


Petitioner, a prison inmate convicted of the crime of murder in the second degree, was denied participation in a temporary work release program because amendments to Correction Law § 851 made him statutorily ineligible (L 1994, ch 60, § 42). Given that participation in the temporary work release program is a privilege and that the amendments apply to all inmates who have not entered the program prior to April 1, 1994, we reject petitioner's claim that the amendments constitute an illegal ex post facto law. Furthermore, we do not find that petitioner was denied due process or that the determination is arbitrary or capricious.

Cardona, P.J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Jandelli v. Coughlin

Appellate Division of the Supreme Court of New York, Third Department
Jul 6, 1995
217 A.D.2d 733 (N.Y. App. Div. 1995)
Case details for

Matter of Jandelli v. Coughlin

Case Details

Full title:In the Matter of ROBERT JANDELLI, Appellant, v. THOMAS A. COUGHLIN, III…

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

Date published: Jul 6, 1995

Citations

217 A.D.2d 733 (N.Y. App. Div. 1995)
629 N.Y.S.2d 303

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