James v. Chairman of New York State Board of Parole

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered April 18, 2012 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 revoking his parole and imposing a delinquent time assessment.

Petitioner pleaded guilty to grand larceny in the fourth degree and received a sentence of 2 to 4 years in prison. The sentence was to be executed as a sentence of parole supervision pursuant to CPL 410.91 and petitioner was released to the Willard Drug Treatment Campus as a result. A condition…