Peck v. Maczek

Appeal from a judgment of the Supreme Court (Teresi, J.), entered February 14, 2006 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the director of temporary release programs denying petitioner’s request for participation in the temporary release program.

In full satisfaction of a five-count indictment, petitioner pleaded guilty to criminal sale of a controlled substance in the second degree; he was sentenced in 2004 to a prison term of 4/2 years to life. In 2005, petitioner applied for participation in a…