Rios v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 11, 2005 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 denying petitioner’s request for parole release.

Petitioner was convicted in 1987 of two counts of murder in the second degree after he fatally shot two young males during a street brawl. He was sentenced to concurrent terms of 18 years to life in prison. He made his first appearance before the Board of Parole in April 2004. At the conclusion of the hearing, the…