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People ex Rel. Miranda v. Henderson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1976
54 A.D.2d 611 (N.Y. App. Div. 1976)

Opinion

September 24, 1976

Appeal from the Cayuga Supreme Court.

Present — Marsh, P.J., Moule, Simons, Dillon and Witmer, JJ.


Judgment unanimously affirmed. Memorandum: Habeas corpus is not the proper procedural vehicle for prisoners who claim that the board has not complied with subdivision 6 of section 214 Correct. of the Correction Law but we treat such petitions as CPLR article 78 proceedings. (Matter of Greene v Smith, 52 A.D.2d 292, app dsmd 40 N.Y.2d 826; People ex rel. Ganci v Henderson, 54 A.D.2d 609 [Sept. 24, 1976].) Relator was denied parole on October 14, 1975 for the following reasons: "1. Past failures while under parole supervision. 2. While under supervision committing new serious crime. 3. Your extensive past criminal behavior. 4. Extensive past history of drug addiction." The reasons advanced are sufficient to comply with the standard set in Matter of Watkins v Caldwell ( 54 A.D.2d 42 [Sept. 24, 1976]).


Summaries of

People ex Rel. Miranda v. Henderson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 24, 1976
54 A.D.2d 611 (N.Y. App. Div. 1976)
Case details for

People ex Rel. Miranda v. Henderson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ISMAEL MIRANDA, Appellant, v…

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

Date published: Sep 24, 1976

Citations

54 A.D.2d 611 (N.Y. App. Div. 1976)

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