MATTER OF RIVERA v. STATE OF NEW YORK EXECUTIVE DEPARTMENT BOARD OF PAROLE


268 A.D.2d 928 (2000)

702 N.Y.S.2d 447

In the Matter of JOHNNY RIVERA, Petitioner, v. STATE OF NEW YORK EXECUTIVE DEPARTMENT BOARD OF PAROLE, Respondent.

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

Decided January 27, 2000.


Petitioner, an inmate serving concurrent prison sentences of 7 to 21 years for manslaughter in the first degree and 5 to 15 years for manslaughter in the second degree for fatally shooting two people, one of them an 11-year-old girl, challenges a determination denying his request for parole release. 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...

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