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


251 A.D.2d 739 (1998)

672 N.Y.S.2d 274

In the Matter of Rafael Almeyda, Petitioner, v. New York State Division of Parole, Respondent

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

June 4, 1998


Petitioner, an inmate serving a prison sentence of 15 years to life for murder in the second degree after beating, burning, abusing and causing the death of his infant son, challenges a determination denying his request for parole. Initially, we note that because no issue of substantial evidence is present in this proceeding (see, CPLR 7803 [4]), Supreme Court improperly transferred the matter to this Court for review (...

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