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MATTER OF SMITH v. RECORE

209 A.D.2d 812 (1994)

618 N.Y.S.2d 607

In the Matter of Daniel Smith, Appellant, v. James Recore, as Chairman of The Temporary Release Program, New York State Department of Correctional Services, Respondent

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

November 10, 1994

Petitioner challenges respondent's denial of his request for permission to participate in a temporary release program from prison. Our review of the record reveals, however, that petitioner has not established that respondent's denial violated any laws or deprived petitioner of any constitutional right. Moreover, in light of the serious and violent nature of petitioner's criminal history, we cannot conclude that denial of his request...

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