Smith v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (Rumsey, J.), entered June 12, 2006 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Petitioner pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced to 2x!z to 5 years in prison. He made his first appearance before respondent for parole release in January 2005. His request was denied and he was ordered held for an additional 24 months. After the denial was affirmed…