MATTER OF JANDELLI v. COUGHLIN

Petitioner, a prison inmate convicted of the crime of murder in the second degree, was denied participation in a temporary work release program because amendments to Correction Law § 851 made him statutorily ineligible (L 1994, ch 60, § 42). Given that participation in the temporary work release program is a privilege and that the amendments apply to all inmates who have not entered the program prior to April 1, 1994, we reject petitioner's claim that the amendments constitute an illegal ex post facto law. Furthermore, we do not find that petitioner was denied due process or that the determination is arbitrary or capricious.

Cardona, P.J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.