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MATTER OF JORGE v. HAMMOCK

84 A.D.2d 362 (1982)

In the Matter of Jesus Jorge, Respondent, v. Edward Hammock, as Chairman of The New York State Board of Parole, et al., Appellants

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

January 28, 1982

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frederick R. Walsh, Jeremiah Jochnowitz and Shirley Adelson Siegel of counsel), for appellants.

Barbara S. Schneider Corner, for respondent.

SWEENEY, J. P., KANE, YESAWICH, JR., and WEISS, JJ., concur.

CASEY, J.

On this appeal, the board, relying on Matter of Russo v New York State Bd. of Parole (50 N.Y.2d 69), contends that since the minimum period of imprisonment of five years imposed on petitioner, who had been sentenced to a maximum of 10 years, was outside the board's guidelines but accompanied by detailed written reasons, consideration of the sentencing Judge's recommendation was not required. Neither...

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