Allah v. Pataki

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered March 19, 2004 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.

Petitioner is currently serving a sentence of 25 years to life following his 1977 conviction of murder in the second degree concurrent with a 10-year sentence for criminal possession of a weapon in the second degree. In March 2003, the Board of Parole denied his request for parole release. Following an…