Murchison v. New York State Division of Parole

“The Executive Law does not place an outer limit on the length of [the time] assessment, and the Board’s determination may not be modified upon judicial review ‘in the absence of impropriety’ ” (Matter of Bell v Lemons, 78 AD3d 1393, 1393-1394 [2010], quoting People ex rel. Grimmick v McGreevy, 141 AD2d 989, 990 [1988], lv denied 73 NY2d 702 [1988]). Under the circumstances presented here, we cannot conclude that the Board engaged in impropriety. Petitioner’s criminal record reveals that he committed brutal sexual assaults against two young women, ages 13 and 17, using force. Moreover, he was…