Silverman v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (Clemente, J.), entered March 29, 2005 in Albany 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 is serving a prison sentence of 5 to 15 years upon his 1996 conviction of assault in the first degree for shooting a man in the back during a verbal altercation. Petitioner commenced this CPLR article 78 proceeding challenging respondent’s denial of his request for parole release upon his second appearance.…