Legal Opinion

Melendez v. Evans

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 2013Published

1Opinion of the CourtSpain, J.

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered October 3, 2012 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.

In 1991, petitioner was sentenced to an aggregate prison term of 25 years to life following his conviction of murder in the second degree and criminal possession of a weapon in the second degree. Petitioner appeared before the Board of Parole for the first time in December 2011, at which time the Board declined…

2Cases cited3 opinions

  1. Garfield v. EvansAppellate Division of the Supreme Court of the State of New York · 2013
  2. Malerba v. EvansAppellate Division of the Supreme Court of the State of New York · 2013
  3. Thomas v. EvansAppellate Division of the Supreme Court of the State of New York · 2013

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