Jorge v. Hammock

OPINION OF THE COURT

Casey, J.

On this appeal, the board, relying on Matter of Russo v New York State Bd. of Parole (50 NY2d 69), contends that since the minimum period of imprisonment of five years imposed on petitioner, who had been sentenced to a maximum of 10 years, was outside the board’s guidelines but accompanied by detailed written reasons, consideration of the sentencing Judge’s recommendation was not required. Neither Russo nor other recent case law supports this contention, which we find untenable.

Pursuant to subdivision 4 of section 259-c of the Executive Law, the board is required…