Rivera v. Joy

Appeal from a judgment of the Supreme Court (Stein, J.), entered July 12, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s application to participate in a temporary release program.

Petitioner is currently serving an aggregate prison term of six years to life upon his convictions of criminal sale of a controlled substance in the second degree, criminal possession of a weapon in the third degree (four counts), criminal possession of a controlled substance in the seventh…