MATTER OF CRUZ v. NEW YORK STATE DIVISION OF PAROLE


39 A.D.3d 1060 (2007)

833 N.Y.S.2d 311

In the Matter of GEORGE CRUZ, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided April 19, 2007.


Petitioner was convicted upon his plea of guilty of first degree manslaughter and criminal possession of a weapon in the third degree, and sentenced to consecutive prison terms of 8 to 24 years and 2 to 6 years, respectively. His conviction arose out of an incident on August 17, 1991 when an altercation ensued between two groups of men. Petitioner, who had been drinking and smoking marihuana, retrieved his gun from the trunk of a car and fired a shot; he was not aware that...

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