Petitioner, an inmate serving time for murder in the second degree and manslaughter in the first degree, submitted requests to participate in four different temporary release programs. Respondent denied petitioner's requests based upon recent amendments to Correction Law § 851 (2) (see, L 1994, ch 60, § 42). Petitioner, in turn, commenced this CPLR article 78 proceeding. Upon considering the merits, Supreme Court found that respondent had improperly applied...
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