IN THE MATTER OF BENJAMIN v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


19 A.D.3d 832 (2005)

796 N.Y.S.2d 747

In the Matter of JAMES BENJAMIN, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

June 16, 2005.


Following his 1992 conviction of robbery in the first degree, petitioner was sentenced as a second felony offender to 6 to 12 years in prison. After a hearing, the Time Allowance Committee decided to withhold all of petitioner's good time allowance and move his release date to his maximum sentence expiration date based upon his failure to participate in recommended substance abuse and aggression management programs. The determination was upheld by respondent Commissioner...

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