Summary
noting that parole denials will not be reversed unless the judgments exhibit "irrationality bordering on impropriety"
Summary of this case from Amaker v. SchiraldiOpinion
93330
Decided and Entered: July 3, 2003.
Appeal from a judgment of the Supreme Court (Teresi, J.), entered August 30, 2002 in Albany 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, Attica, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Edward Lindner of counsel), for respondent.
Before: Cardona, P.J., Mercure, Peters, Spain and, Carpinello, JJ.
MEMORANDUM AND ORDER
Petitioner is serving a prison sentence of 8 to 25 years following his conviction of the crime of manslaughter in the first degree (People v. Bramble, 203 A.D.2d 5, lv denied 84 N.Y.2d 823). He appeared before respondent and was denied parole release in July 1999 and again in July 2001. Respondent's decision was affirmed upon his administrative appeal following which petitioner commenced this CPLR article 78 proceeding. The dismissal thereof by Supreme Court prompted this appeal.
Determinations made by respondent are not subject to review so long as they comport with the applicable statutory requirements (see Executive Law § 259-i; see also Matter of Anthony v. New York State Div. of Parole, 252 A.D.2d 704, lv denied 92 N.Y.2d 812, cert denied 525 U.S. 1183). While judicial intervention would be warranted upon a showing that a determination exhibits "irrationality bordering on impropriety" (Matter of Silmon v. Travis, 95 N.Y.2d 470, 476), such a showing has not been made here. Respondent met the relevant statutory requirements by considering the factors set forth in Executive Law § 259-i (5), placing particular emphasis upon the violent nature of petitioner's crime, his disregard for human life, and his prior history of criminal conduct (see Matter of Lue-Shing v. Pataki, 301 A.D.2d 827, 828, lv denied 99 N.Y.2d 511; Matter of Henderson v. New York State Div. of Parole, 295 A.D.2d 678, 679). Respondent was under no obligation to discuss each factor it considered (see Matter of Strickland v. New York State Div. of Parole, 275 A.D.2d 830, 831, lv denied 95 N.Y.2d 768). Petitioner's remaining arguments, including his assertion that his constitutional rights were violated by the denial of parole release, have been reviewed and found to be lacking in merit.
Cardona, P.J., Mercure, Peters, Spain and Carpinello, JJ., concur.
ORDERED that the judgment is affirmed, without costs.