Hartwell v. Division of Parole

Petitioner was convicted of murder in the second degree as well as criminal possession of a weapon in the third degree and was sentenced, respectively, to concurrent terms of 15 years to life and 3V2 to 7 years in prison. In December 2006, he made his first appearance before the Board of Parole seeking parole release. His request was denied and he was ordered held for an additional 24 months. When his administrative appeal was not acted upon, he commenced this CPLR article 78 proceeding. Prior to serving an answer, respondent conceded that the Board did not have the sentencing minutes before…