From Casetext: Smarter Legal Research

Matter of Harris v. N.Y. State Bd. of Parole

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1985
114 A.D.2d 897 (N.Y. App. Div. 1985)

Opinion

November 12, 1985

Appeal from the Supreme Court, Dutchess County (King, J.).


Judgment affirmed, without costs or disbursements.

The seriousness of the offenses committed by the petitioner constitutes a sufficient justification for the Board's denial of parole (see, Matter of Bacon v Hammock, 96 A.D.2d 557; Matter of Shapiro v Hammock, 67 A.D.2d 713, lv denied 47 N.Y.2d 710; Matter of Consilvio v New York State Bd. of Parole, 57 A.D.2d 955). A review of the record indicates that the Board acted in accordance with statutory requirements (see, People ex rel. Herbert v New York State Bd. of Parole, 97 A.D.2d 128, appeal withdrawn 62 N.Y.2d 617), and since there has been no "showing of irrationality bordering on impropriety", judicial intervention is precluded (Matter of Russo v New York State Bd. of Parole, 50 N.Y.2d 69, 77; see, Executive Law § 259-i). Mangano, J.P., Bracken, Weinstein, Lawrence and Kooper, JJ., concur.


Summaries of

Matter of Harris v. N.Y. State Bd. of Parole

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1985
114 A.D.2d 897 (N.Y. App. Div. 1985)
Case details for

Matter of Harris v. N.Y. State Bd. of Parole

Case Details

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

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

Date published: Nov 12, 1985

Citations

114 A.D.2d 897 (N.Y. App. Div. 1985)

Citing Cases

Pike v. Div. of Parole

A decision denying parole under Correction Law § 805 is not subject to judicial review unless the Board…

People ex rel. Thomas v. Superintendent of Arthur Kill Correctional Facility

ew York State Bd. of Parole, 97 A.D.2d 128, 133, appeal withdrawn 62 N.Y.2d 617; Matter of Mackall v New York…