PEOPLE EX REL. MOORE v. HENDERSON


57 A.D.2d 726 (1977)

The People of the State of New York ex rel. John Moore, Appellant, v. Robert J. Henderson, as Superintendent of The Auburn Correctional Facility, Respondent

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

April 15, 1977


Judgment unanimously affirmed.

Memorandum:

Relator was sentenced on February 28, 1975 to 15 years to life imprisonment. Asserting that subdivision 1 of section 803 of the Correction Law is unconstitutional insofar as it excludes prisoners whose maximum term is life imprisonment from its provisions authorizing prisoners having indeterminate sentences to time allowance for good behavior, relator instituted this habeas corpus proceeding. He asked to have the...

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