CHERRY v. BD. OF PAROLE


99 Misc.2d 1064 (1979)

In the Matter of Jasper Cherry, Petitioner, v. New York State Board of Parole, Respondent.

Supreme Court, Sullivan County.

June 25, 1979


Attorney(s) appearing for the Case

Joel M. Proyect for petitioner. Robert Abrams, Attorney-General (Mary E. Bisantz of counsel), for respondent.


LOUIS B. SCHEINMAN, J.

Petitioner proceeds pursuant to CPLR article 78 for a judgment directing respondent to furnish petitioner with a new minimum period of incarceration (MPI) hearing.

Petitioner is currently serving an indeterminate sentence of five years for a conviction for criminal possession of a weapon, third degree, a class D felony. Since the sentencing court did not impose a minimum term...

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