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Matter of Devore v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Jul 20, 2000
274 A.D.2d 815 (N.Y. App. Div. 2000)

Opinion

July 20, 2000.

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered February 7, 2000 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.

William Devore, Coxsackie, appellant in person.

Eliot Spitzer, Attorney-General (Wayne L. Benjamin of counsel), Albany, for respondent.

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


MEMORANDUM AND ORDER

Petitioner is currently serving consecutive prison sentences of 5 to 15 years for manslaughter in the second degree and 1 to 3 years for criminal possession of a weapon in the second degree. He appeared before the Board of Parole on November 11, 1998 and his request for parole release was subsequently denied based upon the seriousness of his convictions, which stemmed from the shooting death of petitioner's pregnant girlfriend. The Board further held that petitioner demonstrated a propensity for extreme violence and had minimized his involvement in the instant offenses. Following an administrative appeal, the Board's decision was affirmed. Petitioner then commenced this CPLR article 78 proceeding challenging the determination. Supreme Court dismissed the petition and this appeal ensued.

We affirm. The record discloses that the Board considered all relevant factors, including petitioner's receipt of an earned eligibility certificate and his future plans upon release (see, Executive Law § 259-i [c]; Matter of Hernandez v. McSherry, 271 A.D.2d 777, 706 N.Y.S.2d 647). Furthermore, petitioner's receipt of the certificate did not preclude the Board from denying parole release in view of the minimum length of his sentences and the Board's conclusion that petitioner could not live and remain at liberty without violating the law and his release would be incompatible with the welfare of society (see, Matter of Howard v. New York State Bd. of Parole, 270 A.D.2d 539, 704 N.Y.S.2d 326; see also, Correction Law § 805). Accordingly, we find no reason to disturb the Board's discretionary decision. Petitioner's remaining contentions have been reviewed and found to be without merit.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Matter of Devore v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Jul 20, 2000
274 A.D.2d 815 (N.Y. App. Div. 2000)
Case details for

Matter of Devore v. Travis

Case Details

Full title:IN THE MATTER OF WILLIAM DEVORE, Appellant, v. BRION D. TRAVIS, as…

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

Date published: Jul 20, 2000

Citations

274 A.D.2d 815 (N.Y. App. Div. 2000)
711 N.Y.S.2d 916