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THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRED MADDOX, Appellant, v. ROBERT J. HENDERSON, as Superintendent of the Auburn Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Habeas corpus is not the proper procedural vehicle for prisoners who claim that the board has not complied with subdivision 6 of section 214 Correct. of the Correction Law, but we treat such petitions as article 78 proceedings. (Matter of Greene v Smith, 52 A.D.2d 292; People ex rel. Ganci v Henderson, 51 A.D.2d 888, mot for lv to app den 38 N.Y.2d 711). Relator was denied parole in June, 1975 based upon the seriousness of the offense, the fact that it constituted a violation of a previous parole release and other information in his case history. The reasons advanced are sufficient to comply with the standards noted in Matter of Watkins v Caldwell ( 54 A.D.2d 42).

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PEOPLE EX REL. MADDOX v. HENDERSON
(Jan 14, 1977)