Opinion
90714
September 12, 2002.
Appeal from a judgment of the Supreme Court (Malone Jr., J.), entered October 12, 2001 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.
Raymond Wright, Malone, appellant pro se.
Eliot Spitzer, Attorney General, Albany, (Julie M. Sheridan of counsel), for respondents.
Before: Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ.
MEMORANDUM AND ORDER
Petitioner challenges his continued incarceration beyond his conditional release date on the ground that the condition imposed by the Division of Parole, requiring him to reside in an approved residence upon his release, was not met. Contrary to petitioner's assertions, it lies within the discretion of the Division of Parole to impose special conditions that must be satisfied prior to release (see Executive Law § 259-c; § 259-g [2]; 9 NYCRR 8003.2 [l]; 8003.3; see also Matter of M.G. v. Travis, 236 A.D.2d 163, 167, lv denied 91 N.Y.2d 814). In view of petitioner's lengthy criminal history and his status as a convicted sex offender arising out of his violent attack upon a woman, perpetrated at a time when he was on parole release from a previous conviction, the condition requiring him to live in an approved residence was rational (see People ex rel. Wilson v. Keane, 267 A.D.2d 686, appeal dismissed 95 N.Y.2d 824).
Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur.
ORDERED that the judgment is affirmed, without costs.