From Casetext: Smarter Legal Research

Bramble v. New York State Board of Parole

Appellate Division of the Supreme Court of New York, Third Department
Jan 4, 2001
279 A.D.2d 680 (N.Y. App. Div. 2001)

Opinion

January 4, 2001.

Appeal from a judgment of the Supreme Court (La Buda, J.), entered May 9, 2000 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.

Benjamin J. Bramble, Woodbourne, appellant in person.

Eliot Spitzer, Attorney-General (Patrick J. Walsh of counsel), New York City, for respondent.

Before: Cardona, P.J., Mercure, Peters, Carpinello and Rose, JJ.


MEMORANDUM AND ORDER


Petitioner was convicted of the crime of manslaughter in the first degree and was sentenced to a prison term of 8 to 25 years. Petitioner challenges respondent's determination denying his request for parole release. Contrary to petitioner's assertion, a review of the record indicates that respondent considered the appropriate factors in denying his request for release on parole (see, Executive Law § 259-i). Although respondent emphasized petitioner's instant offense and criminal history, respondent "was not required to enumerate or give equal weight to each factor that it considered in determining his application for parole" (Matter of Farid v. Travis, 239 A.D.2d 629, 629; see, Matter of Jones v. New York State Bd. of Parole, 273 A.D.2d 649). Petitioner's remaining contentions, including his constitutional arguments and his claim of bias on the part of respondent, have been reviewed and found to be lacking in merit.

Cardona, P.J., Mercure, Peters, Carpinello and Rose, JJ., concur.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Bramble v. New York State Board of Parole

Appellate Division of the Supreme Court of New York, Third Department
Jan 4, 2001
279 A.D.2d 680 (N.Y. App. Div. 2001)
Case details for

Bramble v. New York State Board of Parole

Case Details

Full title:In the Matter of BENJAMIN J. BRAMBLE, Appellant, v. NEW YORK STATE BOARD…

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

Date published: Jan 4, 2001

Citations

279 A.D.2d 680 (N.Y. App. Div. 2001)
718 N.Y.S.2d 892