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HOLLOMAN v. STATE

151 A.D.2d 1030 (1989)

Willie M. Holloman, Respondent, v. State of New York, Appellant. (Claim No. 70936.)

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

June 2, 1989

Judgment unanimously reversed on the law without costs and claim dismissed.

Memorandum:

The trial court erred in concluding that claimant was subjected to "excessive confinement." Claimant had no right to be released on parole in November 1984. Whether to grant parole is a discretionary determination (Tarter v State of New York, 68 N.Y.2d 511) and the claim that if a hearing had been conducted in November 1984, claimant...

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