People ex rel. Davidson v. Smith

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered October 6, 2015 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, without a hearing.

In 1976, petitioner was sentenced to three consecutive terms of 25 years to life in prison after he was convicted of three counts of murder in the second degree. In July 2013, he appeared before the Board of Parole seeking to be released to parole supervision. The Board denied his request but, given that he was a citizen of Canada as well as the United States, granted him conditional…