Hamilton v. New York State Division

Peters, PJ.

(dissenting). Over 30 years ago, petitioner was sentenced to 18 years to life in prison for his role in the crimes that led to the death of an off duty police officer. He remains behind bars, having been denied parole seven times during that period, the most recent of which — decided by a two-to-one vote of the Board of Parole — -is now before us. The majority has concluded that the Board’s decision to deny parole to petitioner during this latest appearance did not exhibit “ ‘irrationality bordering on impropriety’ ” (Matter of Silmon v Travis, 95 NY2d 470, 476 [2000], quoting…