Aguayo v. Evans

Appeal from a judgment of the Supreme Court (Breslin, J.), entered April 8, 2013 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.

In 1985, petitioner was convicted of a number of crimes, the most serious being murder in the second degree for which he was sentenced to 20 years to life in prison. In October 2011, he made his fifth appearance before the Board of Parole seeking to be released to parole supervision. At the conclusion of the…