Cherry v. New York State Board

OPINION OF THE COURT

Louis B. Scheinman, J.

Petitioner proceeds pursuant to CPLR article 78 for a judgment directing respondent to furnish petitioner with a new minimum period of incarceration (MPI) hearing.

Petitioner is currently serving an indeterminate sentence of five years for a conviction for criminal possession of a weapon, third degree, a class D felony. Since the sentencing court did not impose a minimum term, respondent board held a hearing pursuant to subdivision 1 of section 259-i of the Executive Law in July, 1978 and set his MPI at 38 months. The reasons given for this MPI were:…