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PEOPLE EX REL. KELLY v. NEW YORK STATE DIVISION OF PAROLE

264 A.D.2d 361 (1999)

694 N.Y.S.2d 378

THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM KELLY, Respondent, v. NEW YORK STATE DIVISION OF PAROLE et al., Appellants.

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

Decided August 26, 1999.

For the reasons stated in People ex rel. Johnson v Russi (258 A.D.2d 346), application of the 1997 parole guidelines in 9 NYCRR 8005.20 (c) to an inmate convicted and incarcerated prior to their promulgation does not violate the Ex Post Facto Clause. Petitioner's remaining claims were properly...

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