Coston v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (McDonough, J.), entered July 3, 2012 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 revoking his parole and imposing a delinquent time assessment.

Petitioner was convicted of criminal possession of a controlled substance in the fifth degree and sentenced to a prison term of four years followed by two years of postrelease supervision. Petitioner thereafter was charged with violating the conditions of his release by, insofar as is relevant here,…