Petitioner is serving a prison sentence of 25 years to life for his 1979 conviction of murder in the second degree. Petitioner appeared before respondent for the first time in February 2004 and was denied parole release. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging that determination. Supreme Court dismissed the petition and this appeal ensued.
Parole determinations are discretionary and not subject...
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