Vasquez v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Vasquez v. New York State Division of Parole

215 A.D.2d 856, 626 N.Y.S.2d 332, 1995 N.Y. App. Div. LEXIS 4986

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

DecidedMay 11, 1995

StatusPublished

Cited by2 cases

This text of 215 A.D.2d 856 (Vasquez 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

Vasquez v. New York State Division of Parole, 215 A.D.2d 856, 626 N.Y.S.2d 332, 1995 N.Y. App. Div. LEXIS 4986 (N.Y. Ct. App. 1995).

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Opinion

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the State Board of Parole which denied petitioner’s request for parole.

Petitioner, an inmate who is serving concurrent prison sentences of 15 years to life for murder in the second degree, 5 to 15 years for robbery in the first degree and 2 to 4 years for absconding from temporary release, challenges a determination denying his request for parole. Initially, we note that because no issue of substantial evidence is present in this proceeding, Supreme Court improperly transferred the matter to this Court for review. Nonetheless, upon considering the merits, we find that, inasmuch as the State Board of Parole took into account petitioner’s past history of violent behavior, addiction to drugs and violation of a prior term of probation, its determination that petitioner’s release was not compatible with the welfare of society is not arbitrary or capricious. We further find that the Board did not violate statutory requirements or demonstrate bias against petitioner in denying his request.

Mercure, J. P., Crew III, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the State Board of Parole which denied petitioner’s request for parole.

Petitioner, an inmate who is serving concurrent prison sentences of 15 years to life for murder in the second degree, 5 to 15 years for robbery in the first degree and 2 to 4 years for absconding from temporary release, challenges a determination denying his request for parole. Initially, we note that because no issue of substantial evidence is present in this proceeding, Supreme Court improperly transferred the matter to this Court for review. Nonetheless, upon considering the merits, we find that, inasmuch as the State Board of Parole took into account petitioner’s past history of violent behavior, addiction to drugs and violation of a prior term of probation, its determination that petitioner’s release was not compatible with the welfare of society is not arbitrary or capricious. We further find that the Board did not violate statutory requirements or demonstrate bias against petitioner in denying his request.

Mercure, J. P., Crew III, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.

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Bluebook (online)

215 A.D.2d 856, 626 N.Y.S.2d 332, 1995 N.Y. App. Div. LEXIS 4986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-new-york-state-division-of-parole-nyappdiv-1995.

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