Legal Opinion

People ex rel. Maddox v. Henderson

Appellate Division of the Supreme Court of the State of New York

Decided January 14, 1977PublishedCited by 1 opinion

1Opinion of the Court

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 of the Correction Law, but we treat such petitions as article 78 proceedings. (Matter of Greene v Smith, 52 AD2d 292; People ex rel. Ganci v Henderson, 51 AD2d 888, mot for lv to app den 38 NY2d 711). Relator was denied parole in June, 1975 based upon the seriousness of the offense, the fact that it constituted a violation of a previous parole release and other information in his case history. The reasons…

2Cases cited3 opinions

  1. Watkins v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1976
  2. Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  3. People ex rel. Ganci v. HendersonAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by1 opinion

  1. People ex rel. Justice v. RussiAppellate Division of the Supreme Court of the State of New York · 1996

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