Opinion
May 11, 1995
Appeal from the Supreme Court, Albany County.
Petitioner, an inmate who is serving concurrent prison sentences of 15 years to life for murder in the second degree, 5 to 15 years for robbery in the first degree and 2 to 4 years for absconding from temporary release, challenges a determination denying his request for parole. Initially, we note that because no issue of substantial evidence is present in this proceeding, Supreme Court improperly transferred the matter to this Court for review. Nonetheless, upon considering the merits, we find that, inasmuch as the State Board of Parole took into account petitioner's past history of violent behavior, addiction to drugs and violation of a prior term of probation, its determination that petitioner's release was not compatible with the welfare of society is not arbitrary or capricious. We further find that the Board did not violate statutory requirements or demonstrate bias against petitioner in denying his request.
Mercure, J.P., Crew III, White, Casey and Spain, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.