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MATTER OF GRAHAM v. NEW YORK STATE DIVISION OF PAROLE

507722

68 A.D.3d 1621 (2009)

2009 NY Slip Op 10031

890 N.Y.S.2d 831

In the Matter of FRANK GRAHAM, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 31, 2009.

Attorney(s) appearing for the Case

CARDONA, P.J., PETERS, ROSE, MALONE JR. and STEIN, JJ., concur.

Petitioner is serving an aggregate prison term of 25 years to life stemming from his 1979 conviction for murder in the second degree and criminal possession of a weapon in the second degree. Following his third appearance before the Board of Parole in November 2007, his request for parole release was denied and the Board ordered that he be held for an additional 24 months. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge that determination. The...

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