IN THE MATTER OF MANLEY v. NEW YORK STATE BOARD OF PAROLE


21 A.D.3d 1209 (2005)

800 N.Y.S.2d 864

In the Matter of RUSSELL MANLEY, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

September 22, 2005.


Petitioner is serving a prison sentence of 18 years to life for his 1985 conviction of murder in the second degree. In March 2004, petitioner appeared before respondent for the second time and was denied parole release. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging that determination. Supreme Court dismissed the petition, prompting this appeal.

A review of the record reveals that respondent considered...

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