Desantis v. New York State Board of Parole

OPINION OF THE COURT

Arthur W. Lonschein, J.

In this proceeding pursuant to CPLR article 78, petitioner seeks to vacate respondent’s determination denying him parole status.

Petitioner is serving a sentence of 3 to 9 years for man*41slaughter in the second degree, 1 to 3 years for reckless endangerment in the first degree and 1 to 3 years for leaving the scene of an accident. All convictions arose out of an incident in which petitioner’s motor vehicle struck and killed a pedestrian.

Prior to petitioner’s appearance before the respondent New York State Board of Parole, he was awarded a certificate of…