Davila v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Davila v. New York State Division of Parole

249 A.D.2d 862, 672 N.Y.S.2d 465, 1998 N.Y. App. Div. LEXIS 4843

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 1998

StatusPublished

Cited by1 cases

This text of 249 A.D.2d 862 (Davila v. New York State Division of Parole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davila v. New York State Division of Parole, 249 A.D.2d 862, 672 N.Y.S.2d 465, 1998 N.Y. App. Div. LEXIS 4843 (N.Y. Ct. App. 1998).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which revoked petitioner’s parole.

Petitioner was sentenced to a prison term of 6 to 18 years following his 1986 conviction of the crime of manslaughter in [863]*863the first degree. After his release on parole in December 1992, petitioner was charged with and ultimately convicted of the crime of sexual abuse in the second degree. This conviction constituted a violation of the terms of petitioner’s parole which was, accordingly, revoked. We confirm.

Petitioner’s admission that he was convicted of a crime while on parole was sufficient to constitute substantial evidence in support of the finding that he had violated a condition of his parole (see, Matter of Montanez v New York State Div. of Parole, 227 AD2d 753, 754, lv denied 88 NY2d 814). That the child abuse report which led to petitioner’s conviction of sexual abuse in the second degree was later expunged by the Department of Social Services does not negate the fact of petitioner’s ultimate conviction or its ramifications. Petitioner’s remaining contentions have been reviewed and found to be without merit.

Cardona, P. J., White, Peters, Spain and Graffeo, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which revoked petitioner’s parole.

Petitioner was sentenced to a prison term of 6 to 18 years following his 1986 conviction of the crime of manslaughter in [863]*863the first degree. After his release on parole in December 1992, petitioner was charged with and ultimately convicted of the crime of sexual abuse in the second degree. This conviction constituted a violation of the terms of petitioner’s parole which was, accordingly, revoked. We confirm.

Petitioner’s admission that he was convicted of a crime while on parole was sufficient to constitute substantial evidence in support of the finding that he had violated a condition of his parole (see, Matter of Montanez v New York State Div. of Parole, 227 AD2d 753, 754, lv denied 88 NY2d 814). That the child abuse report which led to petitioner’s conviction of sexual abuse in the second degree was later expunged by the Department of Social Services does not negate the fact of petitioner’s ultimate conviction or its ramifications. Petitioner’s remaining contentions have been reviewed and found to be without merit.

Cardona, P. J., White, Peters, Spain and Graffeo, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

249 A.D.2d 862, 672 N.Y.S.2d 465, 1998 N.Y. App. Div. LEXIS 4843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davila-v-new-york-state-division-of-parole-nyappdiv-1998.

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