MATTER OF McKEE v. NEW YORK STATE BD. OF PAROLE


157 A.D.2d 944 (1990)

In the Matter of William McKee, Sr., Appellant, v. New York State Board of Parole, Respondent

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

January 18, 1990


Weiss, J. P.

Petitioner, serving concurrent indeterminate terms of imprisonment of 4 to 12 years, was denied parole. Respondent determined that petitioner "would not remain at liberty without violating the law" and that his release would be "incompatible with the welfare of society". Petitioner challenged the determination as being arbitrary and capricious. Supreme Court found that petitioner failed to demonstrate...

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