Carter v. Dennison

Appeal from a judgment of the Supreme Court (Lynch, J.), entered October 16, 2006 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, who is currently serving 15 years to life in prison upon his 1989 conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging an October 2005 determination of the Board of Parole denying his request for parole release. Respondent has conceded that the sentencing…