Jackson v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Jackson v. New York State Division of Parole

217 A.D.2d 732, 629 N.Y.S.2d 304, 1995 N.Y. App. Div. LEXIS 7605

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

DecidedJuly 6, 1995

StatusPublished

This text of 217 A.D.2d 732 (Jackson 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

Jackson v. New York State Division of Parole, 217 A.D.2d 732, 629 N.Y.S.2d 304, 1995 N.Y. App. Div. LEXIS 7605 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Teresi, J.), entered September 15, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole.

Petitioner, serving a prison sentence of 5 to 15 years for his conviction of rape in the first degree, was denied parole. The record indicates that the Parole Board’s decision was based upon the extremely violent nature of defendant’s crime and his poor disciplinary record while incarcerated. The Board could properly rely upon these factors and find that there was a reasonable probability that petitioner could not live and remain at liberty without violating the law and that release would be incompatible with the welfare of society, notwithstanding petitioner’s receipt of a certificate of earned eligibility. We further find no violation of petitioner’s due process rights in the pursuit of his administrative appeal.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Supreme Court (Teresi, J.), entered September 15, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole.

Petitioner, serving a prison sentence of 5 to 15 years for his conviction of rape in the first degree, was denied parole. The record indicates that the Parole Board’s decision was based upon the extremely violent nature of defendant’s crime and his poor disciplinary record while incarcerated. The Board could properly rely upon these factors and find that there was a reasonable probability that petitioner could not live and remain at liberty without violating the law and that release would be incompatible with the welfare of society, notwithstanding petitioner’s receipt of a certificate of earned eligibility. We further find no violation of petitioner’s due process rights in the pursuit of his administrative appeal.

Cardona, P. J., Mercure, White, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

217 A.D.2d 732, 629 N.Y.S.2d 304, 1995 N.Y. App. Div. LEXIS 7605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-new-york-state-division-of-parole-nyappdiv-1995.