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  5. 50 N.Y.2d 943 (1980)
 

PEOPLE EX REL. MURRAY v. NEW YORK STATE BD. OF PAROLE

50 N.Y.2d 943 (1980)

The People of the State of New York ex rel. Leo Murray, Appellant, v. New York State Board of Parole et al., Respondents.

Court of Appeals of the State of New York.

Decided June 24, 1980.

Attorney(s) appearing for the Case

John M. Lockwood for appellant.

Robert Abrams, Attorney-General (Charles S. Kleinberg and Gerald J. Ryan of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

On oral argument, relator limited his submission to the contention that in adjudging him in violation of parole the State Board of Parole employed a constitutionally impermissible standard of proof, to wit, a preponderance of the evidence only (9 NYCRR 8005.19 [e]). Inasmuch as this issue was not raised in the Supreme Court or at the...

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