PEOPLE EX REL. KELLY v. STATE DIV. OF PAROLE

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 rejected.

Concur — Ellerin, P. J., Rosenberger, Buckley and Friedman, JJ.