MATTER OF GUTKAISS v. NEW YORK STATE DIVISION OF PAROLE


50 A.D.3d 1418 (2008)

857 N.Y.S.2d 755

In the Matter of TIMOTHY GUTKAISS, 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 24, 2008.


Petitioner is currently serving a prison sentence of 8 1/3 to 25 years for his 1993 conviction after a jury trial of sodomy in the first degree. The charges stemmed from an incident in which petitioner engaged in oral sexual conduct with his six-year-old nephew. In July 2006, petitioner appeared for the third time before the Board of Parole and his request for parole release was denied. Petitioner filed an administrative appeal but, when he did not receive a timely response...

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