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MATTER OF KING v. NEW YORK STATE DIV. OF PAROLE

83 N.Y.2d 788 (1994)

632 N.E.2d 1277

610 N.Y.S.2d 954

In the Matter of Darryl King, Respondent, v. New York State Division of Parole, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1994.

Attorney(s) appearing for the Case

G. Oliver Koppell, Attorney-General, New York City (Howard Zwickel, Kathie Ann Whipple, Jerry Boone, Charles C. Davis and Alan B. Berkowitz of counsel), for appellant.

Beldock, Levine & Hoffman, New York City (Myron Beldock of counsel), for respondent.

Lysaght, Lysaght & Kramer, P. C., Lake Success (John J. Maguire of counsel), amicus curiae.

Jonathan E. Gradess and Stacy Wolf, Albany, for New York State Defenders Association, amicus curiae.

Betti J. Sachs, New York City, for Legal Aid Society, amicus curiae.

Joan P. Gibbs and Mahlon Perkins, New York City, for Center for Constitutional Rights, amicus curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue in this case is whether petitioner was afforded a proper hearing prior to the denial of his application for release to parole supervision. His conviction, after a jury trial, stemmed from the shooting death of an off-duty police officer during a robbery at a fast food restaurant on May 25, 1970. He was sentenced to a prison term...

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