Vasquez v. New York State Division of Parole

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the State Board of Parole which denied petitioner’s request for parole.

Petitioner, an inmate who is serving concurrent prison sentences of 15 years to life for murder in the second degree, 5 to 15 years for robbery in the first degree and 2 to 4 years for absconding from temporary release, challenges a determination denying his request for parole. Initially, we note that because no issue of substantial evidence is present in this proceeding,…