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IN THE MATTER OF CRUZ v. TRAVIS

10 A.D.3d 789 (2004)

781 N.Y.S.2d 798

In the Matter of LEONARDO DE LA CRUZ, Respondent, v. BRION D. TRAVIS, as Chair of the New York State Board of Parole, Appellant.

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

September 23, 2004.

Mugglin, J. Appeal from a judgment of the Supreme Court (Sheridan, J.), entered February 9, 2004 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Board of Parole denying petitioner's request for parole release.

As a result of his involvement in a driveby shooting in June 1993, petitioner was convicted after trial of attempted murder in the second degree, assault in the first degree...

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