PEOPLE EX REL. GARCIA v. HAMMOCK


65 A.D.2d 827 (1978)

The People of the State of New York, ex rel. Jaimie Garcia, Appellant, v. Edward R. Hammock, as Chairman of The New York State Board of Parole, et al., Respondents

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

November 27, 1978


Judgment affirmed, without costs or disbursements.

We believe that the Parole Board had sufficient evidence before it to justify its denial of parole to the petitioner. However, it should be noted that the petitioner's allegation contained in his petition that the Parole Board did not have a report of an up-to-date psychiatric examination of him at the time of the parole eligibility hearing, was not controverted by the Parole Board in its answer. We therefore direct...

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