Hintze v. New York State Board of Parole

Suozzi, J., dissents and votes to affirm the judgment, with the following memorandum:

Petitioner was convicted, upon his plea of guilty, of the crime of attempted robbery in the first degree and was sentenced on September 8, 1976 as a first felony offender. The court imposed a maximum sentence of six years and, instead of imposing a minimum sentence which could not exceed one third of the maximum, i.e., two years (see Penal Law, § 70.00, subd 3, par [b]), it left the minimum period of imprisonment to be fixed by the Board of Parole (see Penal Law, § 70.00, subd 3, par [c]). In setting a…