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Matter of Morales v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1999
260 A.D.2d 710 (N.Y. App. Div. 1999)

Opinion

April 1, 1999

Appeal from the Supreme Court (Bradley, J.).


Petitioner is currently serving a prison term of 15 years to life following his conviction of the crime of murder in the second degree. Petitioner commenced this CPLR article 78 proceeding challenging the denial of his request for parole release. Supreme Court dismissed the petition and we affirm.

It is well settled that the Parole Board need not specifically address each of the guidelines in its determination ( see, Matter of Waters v. New York State Div. of Parole, 252 A.D.2d 759, 760, lv denied 92 N.Y.2d 812). While the Parole Board placed special emphasis upon the nature of the underlying crime and petitioner's failure to accept responsibility or demonstrate remorse for the crime, upon our review of the record we are satisfied that the Parole Board took into consideration other appropriate factors, including petitioner's achievements while incarcerated ( see, People ex rel. Talley v. Executive Dept., N.Y. State Div. of Parole, 232 A.D.2d 798, 799). Accordingly, we find no reason to disturb the Parole Board's discretionary decision. Petitioner's remaining contentions have been reviewed and found to be without merit.

Mikoll, J. P., Crew III, Peters and Spain, JJ., concur.

Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Morales v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1999
260 A.D.2d 710 (N.Y. App. Div. 1999)
Case details for

Matter of Morales v. Travis

Case Details

Full title:In the Matter of TIOFILO MORALES, Appellant, v. BRION D. TRAVIS, as…

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

Date published: Apr 1, 1999

Citations

260 A.D.2d 710 (N.Y. App. Div. 1999)
687 N.Y.S.2d 495

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