Grossman v. Parole Board

Cardamone, J. P.

(dissenting). Petitioner was convicted of assault in the second degree and sentenced to an indeterminate term of imprisonment with a five year maximum. Although authorized by statute to impose a minimum period of imprisonment (MPI) the sentencing court did not do so. The respondent State Board of Parole, however, upon petitioner’s incarceration determined that petitioner should serve an MPI of 42 months before becoming eligible for parole. Petitioner has challenged the board’s determination on the grounds that the board has no power to fix an initial MPI at more than one third…