Gwynn v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Gwynn v. New York State Board of Parole

63 A.D.2d 754, 404 N.Y.S.2d 747, 1978 N.Y. App. Div. LEXIS 11691

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

DecidedMay 4, 1978

StatusPublished

This text of 63 A.D.2d 754 (Gwynn v. New York State Board 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

Gwynn v. New York State Board of Parole, 63 A.D.2d 754, 404 N.Y.S.2d 747, 1978 N.Y. App. Div. LEXIS 11691 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered December 13, 1977 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the New York State Board of Parole. Petitioner is serving three concurrent sentences imposed after conviction for second degree robbery, second degree assault and possession of a weapon. The Parole Board considered petitioner for parole on January 4,1977. In denying him parole, the board stated in part: "Parole denied due to serious nature of instant offense and history of anti-social behavior drug abuse. Further you have failed to benefit from this period of incarceration as evidenced by your poor institutional record and abscondance during recent furlough. It is recommended that if possible you involve yourself in group therapy.” We can find no violation of statutory duty or existent constitutional rights on this record. Respondent fully complied with the dictates of the Correction Law (Correction Law, §§ 210-214). Upon review, we are confined to an examination of the reasons stated for denial of parole and a determination that the reasons are meaningful (Correction Law, § 214, subd 6; Matter of Gonzague v New York State Bd. of Parole, 58 AD2d 707). We are satisfied that petitioner received his statutory protections. Judgment affirmed, without costs. Mahoney, P. J., Greenblott, Kane, Main and Mikoll, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered December 13, 1977 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the New York State Board of Parole. Petitioner is serving three concurrent sentences imposed after conviction for second degree robbery, second degree assault and possession of a weapon. The Parole Board considered petitioner for parole on January 4,1977. In denying him parole, the board stated in part: "Parole denied due to serious nature of instant offense and history of anti-social behavior drug abuse. Further you have failed to benefit from this period of incarceration as evidenced by your poor institutional record and abscondance during recent furlough. It is recommended that if possible you involve yourself in group therapy.” We can find no violation of statutory duty or existent constitutional rights on this record. Respondent fully complied with the dictates of the Correction Law (Correction Law, §§ 210-214). Upon review, we are confined to an examination of the reasons stated for denial of parole and a determination that the reasons are meaningful (Correction Law, § 214, subd 6; Matter of Gonzague v New York State Bd. of Parole, 58 AD2d 707). We are satisfied that petitioner received his statutory protections. Judgment affirmed, without costs. Mahoney, P. J., Greenblott, Kane, Main and Mikoll, JJ., concur.

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Bluebook (online)

63 A.D.2d 754, 404 N.Y.S.2d 747, 1978 N.Y. App. Div. LEXIS 11691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwynn-v-new-york-state-board-of-parole-nyappdiv-1978.