Esquilin v. New York State Division of Parole

OPINION OF THE COURT

Elaine Slobod, J.

It is ordered and adjudged that the petition is granted and the determination is annulled, and the matter is remitted to respondent for a new determination, without costs or disbursements.

It appears in this case that respondent used the Correctional Offender Management Profiling for Alternative Sanction (COMPAS) assessment tool adopted pursuant to the 2011 amendment to Executive Law § 259-c (4) (L 2011, ch 62, part C, subpart A, § 38-b) in making its determination since reference was made to it during the parole hearing. Since, however, findings in that…