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MATTER OF SERRANO v. NEW YORK STATE EXECUTIVE DEPARTMENT

261 A.D.2d 163 (1999)

689 N.Y.S.2d 504

In the Matter of ONEL SERRANO, Respondent, v. NEW YORK STATE EXECUTIVE DEPARTMENT—DIVISION OF PAROLE et al., Appellants.

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

Decided May 11, 1999.

The Parole Board's discretionary determination denying parole release was primarily based on the serious nature of the underlying offense (see, Matter of Garcia v New York State Div. of Parole, 239 A.D.2d 235, 239), in which petitioner masterminded a violent robbery at his employer's market, where several of his co-employees were handcuffed at gunpoint and a substantial sum of money taken...

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