Costello v. New York State Board of Parole

Spain, J. (dissenting).

Because, in my view, the record does not support the decision of respondent Board of Parole to order a rescission hearing nor does it reflect the presence of substantial evidence justifying the Board’s decision to rescind parole (see 9 NYCRR 8002.5 [b] [2] [i]; [d] [1]), I respectfully dissent.

Petitioner was sentenced in 1980 — after rejecting a plea offer of 5 to 15 years — to 25 years to life in prison following a trial for his nonshooter role at age 22 in a 1978 armed robbery New York City police officer David Guttenberg unexpectedly walked in on the robbery and was…