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MATTER OF GONZALEZ v. HERBERT

206 A.D.2d 956 (1994)

616 N.Y.S.2d 293

In the Matter of Leopoldo Gonzalez, Appellant, v. Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents

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

July 15, 1994

Motion for permission to proceed as a poor person denied.

Memorandum:

There is no merit to the appeal. Petitioner argues that respondent violated 7 NYCRR 1900.4 (e) (1) (vi) (a) by improperly scoring his application for early release. Pursuant to 7 NYCRR 1900.4 (e) (1) (vi) (a), however, "[a]ttempted crimes will be included in the same categories as completed crimes." Therefore, respondent was not required to consider defendant's conviction for attempted murder...

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