Johnson v. New York State Division of Parole

Petitioner is currently serving time in prison having been convicted of the crimes of rape in the first degree, rape in the third degree and unauthorized use of a motor vehicle. He commenced this CPLR article 78 proceeding challenging a determination by respondent denying his October 1994 request for parole. Supreme Court, finding that the determination was neither arbitrary nor capricious, dismissed the petition.

Based upon our review of the record, we find that Supreme Court properly dismissed the petition. Among the factors respondent considered in denying petitioner’s request for parole…