De Jesus v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 30, 2004 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 parole release.

In 1989, petitioner was convicted upon his guilty plea of murder in the second degree and was sentenced, as a juvenile offender, to a prison term of five years to life. In June 2003, the Board of Parole denied petitioner parole release for the sixth time, basing its determination, in part, on the violent nature of the crime…