MATTER OF RESTIVO v. NEW YORK STATE BOARD OF PAROLE


70 A.D.3d 1096 (2010)

895 N.Y.S.2d 555

In the Matter of ANDREW RESTIVO, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

Decided February 4, 2010.


Petitioner is currently serving an aggregate prison sentence of 25 years to life for his 1982 conviction of murder in the second degree, two counts of burglary in the first degree and grand larceny in the second degree. After his 1982 conviction, petitioner was extradited to Nevada where he was convicted in federal court of bank robbery in 1983. While appealing his federal conviction, petitioner participated in an escape attempt from a federal penitentiary in California,...

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