Nieves v. New York State Division of Parole

—Appeal from a judgment of the Supreme Court (Canfield, J.), entered August 12, 1997 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.

Petitioner currently is serving prison terms of SVs to 10 years and 2 to 6 years following his conviction of the crimes of rape in the first degree and sexual abuse in the first degree. He now challenges the Board of Parole’s determination denying his application for parole release, contending that it constitutes an…