Thomas v. New York State Division of Parole

S. Miller, J.,

dissents and votes to affirm the order, with the following memorandum: I do not agree with my colleagues that the determination of the Division of Parole denying the petitioner’s application for parole should be upheld. Rather, as will be detailed herein, this case is of the rare variety in which the decision denying parole is irrational and improper and should be set aside.

I

On February 20, 1980, the petitioner, then 15 years old, and her then 16-year-old friend, Charlene Burnett, decided to “cut” school. At some point on that fateful day, they met the victim, a 71-year-old…