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RUSSO v. NYS BD. OF PAROLE

50 N.Y.2d 69 (1980)

In the Matter of Frank Russo, Respondent, v. New York State Board of Parole, Appellant.

Court of Appeals of the State of New York.

Decided April 24, 1980.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frederick R. Walsh and Shirley Adelson Siegel of counsel), for appellant.

Warren S. Replansky and David Leven for respondent.

Leon B. Polsky and Malvine Nathanson for The Legal Aid Society of the City of New York, amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

MEYER, J.

When a court in sentencing a convicted defendant fixes a maximum but no minimum sentence, may the Parole Board, acting under section 259-i of the Executive Law fix as the minimum period of incarceration (MPI) a period in excess of one third of the maximum, even though the sentencing court could not have done so?1 Has a sentenced defendant a cognizable liberty interest in...

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