Caban v. Department of Correctional Services
Opinion of the Court
Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered February 24, 2000 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services designating petitioner as a central monitoring cáse.
Petitioner pleaded guilty to two counts of criminal sale of a controlled substance in the second degree and one count of criminal sale of a controlled substance in the third degree and was sentenced accordingly. Upon his arrival into the custody of respondent Department of Correctional Services, petitioner was designated as a central monitoring case. Petitioner commenced this CPLR article 78 proceeding claiming that the designation determination was arbitrary and capricious. Supreme Court dismissed the petition and we affirm.
A prisoner may be classified as a central monitoring case when the instant offense involves “a high degree of sophistication or planning, or was a part of a large scale criminal conspiracy or a continuing criminal enterprise” (7 NYCRR 1000.2 [a] ), or due to the notoriety of the crime (see, 7 NYCRR 1000.2 [b] ). Here, given the nature of petitioner’s crime and results of the high-profile investigation by the New York City Operations Unit indicating his association with the “Wild Cowboy” gang, we find no reason to disturb petitioner’s classification as a central monitoring case (see, Matter of Lowrance v Malone, 177
Mercure, J. P., Spain, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.