Russo v. New York State Board of Parole

OPINION OF THE COURT

John W. Sweeny, J.

This is an article 78 proceeding in which petitioner seeks a *252judgment annulling the June 7, 1978 determination of respondent whereby petitioner’s minimum period of incarceration before parole release consideration (MPI) was set at four years.

Petitioner’s initial conviction of the crime of criminal conspiracy in the first degree was reversed upon appeal (People v Russo, 57 AD2d 578). The crux of the appellate decision was the absence of any allegation in the indictment of the necessary overt act, as opposed to words, made in furtherance of the conspiracy…