Legal Opinion

Graziano v. Evans

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2011PublishedCited by 3 opinions

1Opinion of the Court

Mercure, A.EJ.

In 1986, plaintiff was convicted of murder in the second degree in connection with shooting an individual following an argument that took place while both men were consuming alcohol at a bar (People v Graziano, 151 AD2d 775 [1989], lv denied 74 NY2d 809 [1989]). Flaintiff received the minimum sentence, 15 years to life in prison. He appeared before the Board of Farole five times between 2001 and 2008, and was denied parole each time. He was ultimately unsuccessful in the court proceedings that he commenced to challenge the Board’s determinations denying parole (see e.g. Matter…

2Cases cited10 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  3. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  4. Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
  5. MATTER OF KING v. New York State Div. of ParoleNew York Court of Appeals · 1994

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3Cited by3 opinions

  1. Partee v. EvansNew York Supreme Court · 2013
  2. Matter of Jones v. New York State Parole BoardAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Payne v. StanfordAppellate Division of the Supreme Court of the State of New York · 2019

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