Eng v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 14, 2005 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 his request for parole release.

Petitioner is serving a sentence of 25 years to life following his 1977 conviction of murder in the second degree. Petitioner made his second appearance before the Board of Parole in December 2003 and his request for parole release was again denied. Following an unsuccessful administrative appeal, petitioner commenced this…