Legal Opinion

Hamilton v. New York State Division

Appellate Division of the Supreme Court of the State of New York

Decided July 24, 2014Published

1Opinion of the CourtClark, J.

Appeal from a judgment of the Supreme Court (Devine, J.), entered November 14, 2013 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner has served approximately 30 years on an aggregate sentence of 18 years to life in prison for his conviction of murder in the second degree and robbery in the first degree. The convictions stemmed from a February 1982 incident in which an off duty police officer was killed by petitioner’s accomplice…

2Cases cited27 opinions

  1. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  2. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  3. People v. CahillNew York Court of Appeals · 2003
  4. MATTER OF KING v. New York State Div. of ParoleNew York Court of Appeals · 1994
  5. Matter of Hines v. State Board of ParoleNew York Court of Appeals · 1944

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