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Matter of Borruso v. Russi

Appellate Division of the Supreme Court of New York, Third Department
May 2, 1996
227 A.D.2d 715 (N.Y. App. Div. 1996)

Opinion

May 2, 1996

Appeal from the Supreme Court, Chenango County (Ingraham, J.).


On February 7, 1994, petitioner was convicted of the crime of leaving the scene of a fatal accident and is currently serving a sentence of 1 1/3 to 4 years in prison. His request for parole release was denied on December 1, 1994 and he was scheduled for reconsideration in November 1996. Petitioner argues that respondent abused his discretion in denying his request for parole. Upon our review of the record before us, we disagree. In denying petitioner release on parole, respondent considered the serious nature of the offense in which petitioner left the scene of an accident after he struck and killed two 19-year-old female pedestrians, petitioner's brief participation in Alcoholics Anonymous and petitioner's interview in which he failed to communicate certain plans for the future. Inasmuch as parole release decisions are discretionary and respondent considered the appropriate factors, we find no reason to disturb his determination ( see, Matter of Patterson v. New York State Bd. of Parole, 202 A.D.2d 940; Matter of Sinopoli v. New York State Bd. of Parole, 189 A.D.2d 960).

Mikoll, J.P., Mercure, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Borruso v. Russi

Appellate Division of the Supreme Court of New York, Third Department
May 2, 1996
227 A.D.2d 715 (N.Y. App. Div. 1996)
Case details for

Matter of Borruso v. Russi

Case Details

Full title:In the Matter of JAMES J. BORRUSO, Appellant, v. RAUL RUSSI, as Chairman…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 2, 1996

Citations

227 A.D.2d 715 (N.Y. App. Div. 1996)
641 N.Y.S.2d 470

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