Strickland v. New York State Division of Parole

—Mugglin, J.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 22, 2000 in Albany 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.

*831Petitioner, having been convicted of murder in the second degree for using an illegal handgun to kill an unarmed stranger in the elevator in petitioner’s apartment building, is serving an indeterminate term of seven years to life. Petitioner, who stated he was intoxicated at the time, shot the victim…