People ex rel. Wilson v. Keane
| Decision Date | 09 December 1999 |
| Citation | 700 N.Y.S.2d 408,267 A.D.2d 686 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT WILSON, Appellant,<BR>v.<BR>JOHN P. KEANE, as Superintendent of Woodbourne Correctional Facility, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Mercure, J. P., Crew III, Peters, Spain and Graffeo, JJ., concur.
Petitioner, a prison inmate, challenges his continued incarceration beyond his conditional release date on the ground that the condition imposed by the Division of Parole, that he reside in an approved residence, was not met. Contrary to petitioner's assertion, it is within the discretion of the Division of Parole to impose special conditions upon petitioner, albeit before his release (see, Executive Law § 259-c [2]; § 259-g; 9 NYCRR 8003.2 [l]; 8003.3; see also, Matter of M.G. v Travis, 236 AD2d 163, 167, lv denied 91 NY2d 814; People ex rel. Travis v Coombe, 219 AD2d 881). Furthermore, given petitioner's history as a sex offender and his failure to participate in available sexual offender treatment programs, the condition that petitioner reside in an approved residence was rationally based.
Ordered that the judgment is affirmed, without costs.
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