Johnson v. Evans

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 29, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner was convicted in 1988 and 1989 of the crimes of robbery in the first degree, kidnapping in the second degree, attempted rape in the first degree and two counts of bail jumping in the first degree, and is currently incarcerated. In September 2009, he wrote a letter to respondent Chair of the Division of Parole requesting that his application for “executive clemency” be forwarded to…