Spain, J.
Petitioner, age 66, is serving a sentence of imprisonment of 25 years to life for his 1971 conviction, after a jury trial, for murdering his girlfriend. The Board of Parole denied his most recent 1999 request for parole release—made after serving 29 years in prison—based on, among other factors, the violence of the crime wherein he shot the victim three times and stabbed her approximately 17 times. Petitioner commenced this CPLR article 78...
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