Sturnialo v. Carey

Petitioner seeks an order pursuant to CPLR article 78 directing the respondents to consider her clemency petition. Respondents move to dismiss the petition in point of law.

On May 20, 1975 petitioner was sentenced in the Supreme Court, Kings County, to a mandatory term of six years to life upon conviction for certain crimes involving the possession and sale of controlled substances. She has been confined at the Bedford Hills Detention Center since June of 1975.

Several requests for clemency consideration were addressed to the Governor on behalf of the petitioner. Acting on behalf of the…