Fusco v. Chairman, Board of Parole

Appeal from a judgment of the Supreme Court at Special Term, entered June 14, 1976 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the New York State Board of Parole denying him a release on parole. Petitioner pleaded guilty to attempted sale of a controlled substance in the third degree, having delivered a large quantity of heroin to an undercover police officer posing as a purchaser. Petitioner, acting at the direction of the actual seller, was to receive $500 for the delivery. After taking note of…