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

Appellate Division of the Supreme Court of the State of New York·Decided October 9, 2003·Published·Cited by 2 cases

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.

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

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.

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).

Pincite

309 A.D.2d 574 (Ramirez v. New York State Division) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related