IN THE MATTER OF JESUS v. NEW YORK STATE DIVISION OF PAROLE


16 A.D.3d 792 (2005)

790 N.Y.S.2d 593

In the Matter of OLIVER DE JESUS, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

March 10, 2005.


Lahtinen, J.

In 1989, petitioner was convicted upon his guilty plea of murder in the second degree and was sentenced, as a juvenile offender, to a prison term of five years to life. In June 2003, the Board of Parole denied petitioner parole release for the sixth time, basing its determination, in part, on the violent nature of the crime committed and its belief that, if released, petitioner would not be able to live in the community without violating the law. Following...

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