Russo v. New York State Board of Parole

OPINION OF THE COURT

The New York State Board of Parole appeals from a judgment of the Supreme Court, Orange County, which (1) annulled its determination setting the petitioner’s minimum period of imprisonment at a length greater than one third of his maximum sentence which had been imposed after trial; and (2) remanded the matter to the board for a new hearing at which the board was to set the minimum period of imprisonment at a length not in excess of one third of the four-year maximum sentence imposed. The appeal brings up for review so much of an order of the same court as, upon granting…