Ramirez v. New York State Division

Appellate Division of the Supreme Court of New York

Ramirez v. New York State Division

309 A.D.2d 574, 765 N.Y.S.2d 506, 2003 N.Y. App. Div. LEXIS 10486

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

DecidedOctober 9, 2003

StatusPublished

Cited by2 cases

This text of 309 A.D.2d 574 (Ramirez v. New York State Division) 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.

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Ramirez v. New York State Division, 309 A.D.2d 574, 765 N.Y.S.2d 506, 2003 N.Y. App. Div. LEXIS 10486 (N.Y. Ct. App. 2003).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Richard Braun, J.), entered August 28, 2002, which denied and dismissed the petition pursuant to CPLR article 78 challenging respondent’s determination denying petitioner’s application for discretionary release on parole, unanimously affirmed, without costs.

Inasmuch as petitioner did not demonstrate that respondent, in passing upon the merits of his application for discretionary release on parole, failed to consider the factors enumerated in Executive Law § 259-i (2) (c) or afforded any of those factors either insufficient or excessive weight, the petition was properly denied. Respondent properly took into account petitioner’s demonstrated propensity for violence and the extremely serious nature of the crime for which he had been incarcerated (see Matter of Silmon v Travis, 95 NY2d 470 [2000]; Matter of Torres v New York State Div. of Parole, 300 AD2d 128 [2002]). [575]*575Concur — Nardelli, J.P., Tom, Sullivan, Ellerin and Friedman, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Richard Braun, J.), entered August 28, 2002, which denied and dismissed the petition pursuant to CPLR article 78 challenging respondent’s determination denying petitioner’s application for discretionary release on parole, unanimously affirmed, without costs.

Inasmuch as petitioner did not demonstrate that respondent, in passing upon the merits of his application for discretionary release on parole, failed to consider the factors enumerated in Executive Law § 259-i (2) (c) or afforded any of those factors either insufficient or excessive weight, the petition was properly denied. Respondent properly took into account petitioner’s demonstrated propensity for violence and the extremely serious nature of the crime for which he had been incarcerated (see Matter of Silmon v Travis, 95 NY2d 470 [2000]; Matter of Torres v New York State Div. of Parole, 300 AD2d 128 [2002]). [575]*575Concur — Nardelli, J.P., Tom, Sullivan, Ellerin and Friedman, JJ.

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Bluebook (online)

309 A.D.2d 574, 765 N.Y.S.2d 506, 2003 N.Y. App. Div. LEXIS 10486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-new-york-state-division-nyappdiv-2003.

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