Pina v. Hammock

Judgment unanimously affirmed, without costs. Memorandum: The determination of the New York State Board of Parole (Parole Board) was not based upon the guideline range computed on the basis of petitioner’s offense severity and prior criminal history scores (see 9 NYCRR 8001.3). It was based upon considerations outside the guidelines and clearly set out the relevant aggravating factors (see 9 NYCRR 8001.3 [c]). Therefore, any error allegedly made in determining the scores which comprise the guideline range is irrelevant (see Matter of Lynch v Hammock, 81 AD2d 921; Matter of Rogers v Hammock,…