Montanez v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Torraca, J.), entered November 15, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent State Board of Parole revoking petitioner’s parole.

Petitioner was sentenced to a term of 0 to 7 years in prison as the result of an August 1972 conviction of rape in the second degree. After being released on parole in March 1976, petitioner committed the crime of rape in the first degree. He was convicted of that crime in May 1977 and sentenced to a term of 10 to 20…