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Gonzalez v. Herbert

206 A.D.2d 956 Court N.Y. App. Div. Decision date 1994-07-15 English

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p. 956
In the Matter of Leopoldo Gonzalez, Appellant, v Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents.
[616 NYS2d 293]

Motion for permission to proceed as a poor person denied. Memorandum: There is no merit to the appeal. Petitioner argues that respondent violated 7 NYCRR 1900.4 (e) (1) (vi) (a) by improperly scoring his application for early release. Pursuant to 7 NYCRR 1900.4 (e) (1) (vi) (a), however, "[attempted crimes will be included in the same categories as completed crimes.” Therefore, respondent was not required to consider defendant’s conviction for attempted murder differently from a conviction for murder. Present—Green, J. P., Pine, Fallon, Wesley and Boehm, JJ.