Rabenbauer v. New York State Department of Corrections

OPINION OF THE COURT

Frank J. LaBuda, J.

This matter comes before the court on petitioner’s request for immediate release to parole, or in the alternative, a de novo parole hearing. Respondents have submitted an affirmation in opposition. The court heard oral argument on August 18, 2014.

At the outset, respondents argued, and this court agrees, that the court is without authority at this time to order petitioner’s immediate release. For the reasons stated below, however, the petitioner is entitled to a de novo parole hearing.

Factual and Procedural Background

In March 1986, then 30-year-old…