Mercado v. Evans

Appeal from a judgment of the Supreme Court (LaBuda, J), entered February 20, 2014 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner is serving a sentence of 22 years to life upon his conviction of murder in the second degree. The conviction arose from a March 1991 incident in which petitioner, who had consumed a significant amount of alcohol and cocaine, killed a taxi driver by shooting him in the back, neck and shoulders as the…