MATTER OF JONES v. RECORE


210 A.D.2d 713 (1994)

621 N.Y.S.2d 934

In the Matter of Louis Jones, Appellant, v. James Recore, as Director of The Temporary Release Program, Respondent

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

December 15, 1994


Assuming, arguendo, that petitioner is statutorily eligible for participation in a temporary release program from prison, we nonetheless conclude that the denial of his request was not improper. Petitioner has failed to establish that respondent's denial violated any laws, deprived petitioner of any constitutional right or was motivated by racial bias. Moreover, in light of the serious and violent nature of petitioner's past criminal history, we cannot conclude that denial...

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