MATTER OF CONNELLY v. NEW YORK STATE DIVISION OF PAROLE


286 A.D.2d 792 (2001)

729 N.Y.S.2d 808

In the Matter of JAMES CONNELLY, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided September 13, 2001.


Petitioner is serving concurrent prison terms of 5 to 15 years and 2 1/3 to 7 years for his convictions of sodomy in the first degree and sodomy in the second degree. Petitioner commenced this CPLR article 78 proceeding challenging the determination of the Board of Parole denying his most recent request for parole release. Supreme Court dismissed the petition, prompting this appeal.

The record belies petitioner's assertion that the Board considered only the underlying...

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