Gutkaiss v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Devine, J.), entered August 21, 2007 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 his request for parole release.

Petitioner is currently serving a prison sentence of SVs to 25 years for his 1993 conviction after a jury trial of sodomy in the first degree. The charges stemmed from an incident in which petitioner engaged in oral sexual conduct with his six-year-old nephew. In July 2006, petitioner appeared for the third time before the…