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MATTER OF VAELLO v. PAROLE BOARD DIVISION OF STATE OF NEW YORK

48 A.D.3d 1018 (2008)

851 N.Y.S.2d 745

In the Matter of JOSE VAELLO, Respondent, v. PAROLE BOARD DIVISION OF STATE OF NEW YORK, Appellant.

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

Decided February 28, 2008.

Spain, J.

In 1987, petitioner was convicted of murder in the second degree, criminal possession of a weapon in the second degree, attempted criminal possession of a controlled substance in the third degree and attempted criminal possession of a forged instrument in the second degree. He was sentenced to concurrent prison terms, the longest of which was 20 years to life on the murder charge. In February 2006, the Board of Parole

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