Green v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Green v. New York State Division of Parole

199 A.D.2d 677, 605 N.Y.S.2d 148, 1993 N.Y. App. Div. LEXIS 11786

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

DecidedDecember 9, 1993

StatusPublished

This text of 199 A.D.2d 677 (Green 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

Green v. New York State Division of Parole, 199 A.D.2d 677, 605 N.Y.S.2d 148, 1993 N.Y. App. Div. LEXIS 11786 (N.Y. Ct. App. 1993).

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Opinion

Appeal from a judgment of the Supreme Court (Kane, J.), entered December 4, 1992 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his request for parole.

In denying parole to petitioner, respondent took into consideration the serious nature of the offense, the circumstances surrounding his conviction, his prior criminal record (which includes two prison sentences for violent felonies) and his several instances of past parole violations. As these reasons are supported by the record and satisfy the requirements of Executive Law § 259-i, its decision is not subject to further judicial review. Supreme Court’s decision to dismiss the petition must therefore be upheld.

Mikoll, J. P., Yesawich Jr., Crew III, White and Mahoney, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Kane, J.), entered December 4, 1992 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his request for parole.

In denying parole to petitioner, respondent took into consideration the serious nature of the offense, the circumstances surrounding his conviction, his prior criminal record (which includes two prison sentences for violent felonies) and his several instances of past parole violations. As these reasons are supported by the record and satisfy the requirements of Executive Law § 259-i, its decision is not subject to further judicial review. Supreme Court’s decision to dismiss the petition must therefore be upheld.

Mikoll, J. P., Yesawich Jr., Crew III, White and Mahoney, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

199 A.D.2d 677, 605 N.Y.S.2d 148, 1993 N.Y. App. Div. LEXIS 11786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-new-york-state-division-of-parole-nyappdiv-1993.

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