Rand v. Coughlin

Appeal from a judgment of the Supreme Court (Hughes, J.), entered November 17, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s request for participation in a temporary release program.

Petitioner pleaded guilty to burglary in the first degree in satisfaction of a charge of attempted robbery in the first degree arising from conduct that he engaged in on May 13, 1991. On *804that date, after gaining entry to the home of an elderly couple on…