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MATTER OF CARTER v. DENNISON

42 A.D.3d 779 (2007)

838 N.Y.S.2d 794

In the Matter of DANIEL CARTER, Appellant, v. ROBERT DENNISON, as Chair of the New York State Board of Parole, Respondent.

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

Decided July 19, 2007.

Petitioner, who is currently serving 15 years to life in prison upon his 1989 conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging an October 2005 determination of the Board of Parole denying his request for parole release. Respondent has conceded that the sentencing minutes containing the recommendations of the sentencing judge, if any, were not considered by the Board at the time that it rendered its determination. Inasmuch as...

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