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Matter of Gwynn v. New York St. Bd. of Parole

Appellate Division of the Supreme Court of New York, Third Department
May 4, 1978
63 A.D.2d 754 (N.Y. App. Div. 1978)

Opinion

May 4, 1978


Appeal from a judgment of the Supreme Court at Special Term, entered December 13, 1977 in Clinton County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the New York State Board of Parole. Petitioner is serving three concurrent sentences imposed after conviction for second degree robbery, second degree assault and possession of a weapon. The Parole Board considered petitioner for parole on January 4, 1977. In denying him parole, the board stated in part: "Parole denied due to serious nature of instant offense and history of anti-social behavior drug abuse. Further you have failed to benefit from this period of incarceration as evidenced by your poor institutional record and abscondance during recent furlough. It is recommended that if possible you involve yourself in group therapy." We can find no violation of statutory duty or existent constitutional rights on this record. Respondent fully complied with the dictates of the Correction Law (Correction Law, §§ 210-214). Upon review, we are confined to an examination of the reasons stated for denial of parole and a determination that the reasons are meaningful (Correction Law, § 214, subd 6; Matter of Gonzague v New York State Bd. of Parole, 58 A.D.2d 707). We are satisfied that petitioner received his statutory protections. Judgment affirmed, without costs. Mahoney, P.J., Greenblott, Kane, Main and Mikoll, JJ., concur.


Summaries of

Matter of Gwynn v. New York St. Bd. of Parole

Appellate Division of the Supreme Court of New York, Third Department
May 4, 1978
63 A.D.2d 754 (N.Y. App. Div. 1978)
Case details for

Matter of Gwynn v. New York St. Bd. of Parole

Case Details

Full title:In the Matter of JOHNNY GWYNN, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: May 4, 1978

Citations

63 A.D.2d 754 (N.Y. App. Div. 1978)