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PEOPLE v. PIERRE

34 A.D.2d 1000 (1970)

The People of the State of New York, Respondent, v. Peter Pierre, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1970

Appeal dismissed. No appeal lies from an order denying a motion for resentence.

We have, however, examined the merits of the matter and, were we not dismissing the appeal, we would affirm the order. Absent a violation by the Board of Parole of a positive statutory requirement, a refusal to release a prisoner on parole is not judicially reviewable (Matter of Hines v. State Board of Parole,...

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