People ex rel. Maddox v. Henderson
Appellate Division of the Supreme Court of the State of New York
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
- Watkins v. CaldwellAppellate Division of the Supreme Court of the State of New York · 1976
- Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
- People ex rel. Ganci v. HendersonAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by1 opinion
- People ex rel. Justice v. RussiAppellate Division of the Supreme Court of the State of New York · 1996