Barrett v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered October 28, 1996 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner parole release.

Petitioner is serving a prison term of 3 to 9 years following his 1995 conviction of the crime of manslaughter in the second degree. Petitioner challenges the denial of his application for parole release. Such decisions are, however, discretionary and will not be disturbed so long as they satisfy the statutory requirements (see,…