Legal Opinion
Russo v. New York State Board of Parole
New York Court of Appeals
Decided April 24, 1980PublishedCited by 440 opinions
1Opinion of the Court
*72OPINION OF THE COURT
Meyer, J.
When a court in sentencing a convicted defendant fixes a maximum but no minimum sentence, may the Parole Board, acting under section 259-i of the Executive Law fix as the minimum period of incarceration (MPI) a period in excess of one third of the maximum, even though the sentencing court could not have done so?1 Has a sentenced defendant a cognizable liberty interest in the right to seek parole so that a minimum sentence in excess of that which could have been fixed by a court violates his right to due process? We hold that the Parole Board may impose an MPI in…
2Cases cited7 opinions
- Greenholtz v. Inmates of the Nebraska Penal & Correctional ComplexSupreme Court of the United States · 1979
- United States v. AddonizioSupreme Court of the United States · 1979
- People ex rel. Johnson v. MontanyeAppellate Division of the Supreme Court of the State of New York · 1973
- Russo v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1979
- Rodriguez v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by440 opinions
- MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
- Doe v. CoughlinNew York Court of Appeals · 1987
- Tarter v. State of New YorkNew York Court of Appeals · 1986
- Deas v. LevittNew York Court of Appeals · 1989
- Dugar v. CoughlinDistrict Court, S.D. New York · 1985
435 more not listed; retrieve them via the Exa API.