Dukes v. Olgiati

Appeal from a judgment of the Supreme Court at Special Term, entered June 22, 1976 in Sullivan County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, and directed respondent to grant petitioner a rehearing of his request for parole. On February 28, 1974, petitioner was sentenced to an indeterminate term of imprisonment not to exceed five years upon his plea of guilty to the crime of robbery in the second degree. Following his appearance before the Parole Board on March 8, 1976, parole was denied him, and he was advised that he would again be considered…