MATTER OF LEE v. McGINNIS


37 A.D.2d 665 (1971)

In the Matter of Preston Lee, Appellant, v. Paul D. McGinnis, as Commissioner of The Department of Correction, Respondent

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

June 28, 1971


Subdivision 3 of section 230 of the Correction Law, applicable here under section 45 of chapter 476 of the Laws of 1970, explicitly provides that "in the case of an indeterminate sentence prisoner, said reduction [for good conduct and efficient and willing performance of duties assigned] shall be computed upon the minimum term of such sentence, less jail time allowance." Since there was a rational basis therefor, said provision did not deprive appellant of the equal protection...

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