MATTER OF PECK v. MACZEK


38 A.D.3d 948 (2007)

830 N.Y.S.2d 846

In the Matter of ROBERT C. PECK, Appellant, v. JOHN R. MACZEK, as New York State Department of Correctional Services Temporary Release Program Reviewer, et al., Respondents.

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

Decided March 1, 2007.


In full satisfaction of a five-count indictment, petitioner pleaded guilty to criminal sale of a controlled substance in the second degree; he was sentenced in 2004 to a prison term of 4½ years to life. In 2005, petitioner applied for participation in a temporary release program. The application was denied and the denial was upheld on administrative appeal. Petitioner commenced this proceeding seeking to overturn the administrative determination. Supreme Court dismissed...

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