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MATTER OF DI GIOIA v. TURNER

215 A.D.2d 815 (1995)

626 N.Y.S.2d 572

In the Matter of James Di Gioia, Respondent-Appellant, v. Lewis Turner, as Chairman of The Temporary Release Committee, et al., Appellants-Respondents

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

May 4, 1995

Peters, J.

On August 17, 1992, petitioner, a prisoner at Clinton Correctional Facility in Clinton County serving a term of 5 to 15 years for a 1989 conviction of three counts of sodomy in the first degree, applied to the Temporary Release Committee for an extended furlough pursuant to 7 NYCRR 1900.3 (c) (iv). Petitioner scored well above the minimum point score necessary for participation in the furlough program (see, 7 NYCRR 1900.3 [c] [2]), yet...

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