MATTER OF MARCELIN v. NEW YORK STATE DIVISION OF PAROLE


308 A.D.2d 616 (2003)

764 N.Y.S.2d 361

In the Matter of HARVEY MARCELIN, 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 11, 2003.


Petitioner is serving a prison sentence of 6 to 12 years stemming from his conviction of manslaughter in the first degree for stabbing a woman to death. That crime was committed during his first year of parole supervision for the crime of murder in the first degree wherein he had shot a woman to death. In August 2001, petitioner's application for parole release was denied. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding...

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