People ex rel. Feliciano v. Waters
| Decision Date | 27 February 1984 |
| Citation | 472 N.Y.S.2d 455,99 A.D.2d 850 |
| Parties | The PEOPLE, etc., ex rel., Wilfredo FELICIANO, Appellant, v. Wilson WATERS, Respondent. |
| Court | New York Supreme Court — Appellate Division |
John F. Clennan, Selden, for appellant.
Robert Abrams, Atty. Gen., New York City , for respondent.
Before LAZER, J.P., and THOMPSON, WEINSTEIN and NIEHOFF, JJ.
MEMORANDUM BY THE COURT.
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered March 29, 1983, which dismissed the petition. The appeal brings up for review so much of an order of the same court, entered June 6, 1983, as, upon reargument, adhered to the original determination to dismiss the petition.
Appeal from the judgment dismissed, without costs or disbursements. Said judgment was superseded by the order entered upon reargument.
Order affirmed insofar as reviewed, without costs or disbursements.
Petitioner, indicted for the crime of murder in the second degree, pleaded guilty to the crime of manslaughter in the first degree. A sentence of three to nine years was imposed. In June, 1982, petitioner, who was eligible for release on parole within one year, obtained a job pursuant to a work release program (see Correction Law, § 851, subd. 2). On September 30, 1982, petitioner had his hearing before the parole board. The board was advised, inter alia, of petitioner's satisfactory performance in the work release program. Inquiry was also made into the facts underlying defendant's conviction. The board decided to deny petitioner parole because, in light of all the factors to be considered, including petitioner's work release status, "overriding consideration must weigh in favor of public safety" (see, generally, Executive Law, § 259-i, subd. 2, par. [c] ). A new hearing date was set before the parole board for October, 1984, 24 months later. As a consequence of the board's decision petitioner was removed from the work release program because he was no longer eligible for release on parole within one year.
The decision to deny petitioner parole because of the nature and seriousness of the offense for which he was convicted was based on sufficient reason and may not be disturbed by this court (see Matter of Russo v. New York State Bd. of Parole, 50 N.Y.2d 69, 427 N.Y.S.2d 982, 405 N.E.2d 225; Matter of Bacon v. Hammock, 96 A.D.2d...
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Conway v. Cumming
...of all prisoners with prior homicide convictions to more restrictive custodial category); People ex rel. Feliciano v. Waters, 99 A.D.2d 850, 472 N.Y.S.2d 455, 456 (1984) (loss of eligibility to participate in work-release program not a violation of any cognizable right); Mitchell v. Meachum......
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...inmate the right to participate...." N.Y.Correct.Law § 855(9) (McKinney Supp.1984-85), see also People ex rel. Feliciano v. Waters, 99 A.D.2d 850, 850, 472 N.Y.S.2d 455, 456 (2d Dept.1984); Hoffman v. Wilson, 86 A.D.2d 735, 735, 446 N.Y.S.2d 609, 610-11 (3d Dept.1982); People v. Miller, 79 ......
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...v. De Batista, 642 F.2d 11, 14 (1st Cir.1981); Jenkins v. Fauver, 108 N.J. 239, 247, 528 A.2d 563 (1987); People ex rel. Feliciano v. Waters, 99 App.Div.2d 850, 472 N.Y.S.2d 455 (1984); Mitchell v. Meachum, 770 P.2d 887, 889 (Okl.1988). These cases lend persuasive support to the trial court......
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...that an inmate already participating in the program can be removed if he or she is denied parole (see, e.g., People ex rel. Feliciano v. Waters, 99 A.D.2d 850, 472 N.Y.S.2d 455), Correction Law § 851(2) provides that "[i]n any case where an inmate is denied release on parole while participa......