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MATTER OF LYNCH v. HAMMOCK

81 A.D.2d 921 (1981)

In the Matter of Jimmy Lynch, Respondent, v. Edward R. Hammock, as Chairman of The New York State Board of Parole, Appellant

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

May 26, 1981

Judgment affirmed, without costs or disbursements.

The Board of Parole is empowered to fix an inmate's minimum period of imprisonment (MPI) at greater than one third of the maximum period, even in those cases where, pursuant to section 70.00 (subd 3, par [b]) of the Penal Law, the sentencing court would not be authorized to do so (see Matter of Russo v New York State Bd. of Parole, 50 N.Y.2d 69; Matter of Andre v New York...

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