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People ex rel. Van Luven v. Henderson

57 A.D.2d 729 Court N.Y. App. Div. Decision date 1977-04-15 English

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p. 729
The People of the State of New York ex rel. Gordon W. Van Luven, Jr., Appellant v Robert J. Henderson, as Superintendent of the Auburn Correctional Facility, Respondent.

Judgment unanimously affirmed. Memorandum: Relator was sentenced in Supreme Court, Cayuga County, on April 26, 1965 on his plea of guilty to grand larceny, first degree,

p. 730
to an indeterminate sentence of 7 to 15 years. On January 20, 1976, he was given a parole release hearing. His parole was denied, and he was furnished with the following written statement of the reasons for denial of parole: "1. You are a parole violator; 2. You have been granted probation in the past; 3. This is your eighth (8th) conviction; 4. You do not learn from experience; 5. You have unrealistic plans for the future.” Special Term dismissed relator’s petition to require a further statement from the Board of Parole. It found the reasons given were meaningful and sufficient and we agree that they were (see Matter of Ebbs v Regan, 54 AD2d 611 ; People ex rel. Ganci v Henderson, 54 AD2d 609 ; Matter of Watkins v Caldwell, 54 AD2d 42 ). (Appeal from judgment of Cayuga Supreme Court—habeas corpus.) Present —Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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