Legal Opinion

Burress v. Evans

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 2013Published

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered September 20, 2012 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.

In 1979, petitioner was convicted of a number of crimes, the most serious of which was murder in the second degree, after he drove an associate to a hotel to commit a robbery and a police officer was fatally shot during the commission of the crime. Petitioner thereafter was sentenced to an aggregate term of…

2Cases cited9 opinions

  1. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  2. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  3. Comfort v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2009
  4. Wright v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2010
  5. Martin v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2008

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