Legal Opinion

James v. New York State Board of Parole

Appellate Division of the Supreme Court of the State of New York

Decided February 4, 2016Published

1Opinion of the Court

*1090Appeal from a judgment of the Supreme Court (LaBuda, J.), entered May 28, 2015 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

In 1984, during the course of a supermarket robbery, petitioner shot and killed the proprietor and injured a store employee. Following a jury trial, he was convicted of murder in the second degree, robbery in the first degree and robbery in the second degree. He was sentenced as a second felony offender to an aggregate…

2Cases cited6 opinions

  1. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  2. Matter of Hill v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2015
  3. Diaz v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Diaz v. New York State Department of Corrections and Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2015
  5. Delacruz v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014

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