Garfield v. Evans

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered December 6, 2012 in Sullivan 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.

In 1998, petitioner was sentenced to concurrent terms of 12V2 to 25 years in prison following his conviction of two counts of robbery in the first degree. Petitioner appeared before the Board of Parole for the second time in October 2011, at which time the Board declined to release him to parole supervision and…