Malerba v. Evans

Appeal from a judgment of the Supreme Court (Cahill, J.), entered December 14, 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.

Petitioner is presently serving an aggregate prison sentence of 25 years to life as the result of his 1982 conviction for two counts of murder in the second degree and attempted rape in the first degree. He reappeared before the Board of Parole in November 2011, at which time the Board denied his request for…