People ex rel. Murray v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered April 1, 2011 in Franklin County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

*1528In 2005, petitioner was convicted of assault in the second degree and was sentenced to three years in prison, to be followed by five years of postrelease supervision. After serving part of his sentence, he was released to postrelease supervision in August 2007. In September 2008, he was charged with violating the conditions of his release by, among other things, possessing a box cutting…