MATTER OF PO-YEN v. NEW YORK STATE BOARD OF PAROLE


60 A.D.3d 952 (2009)

874 N.Y.S.2d 811

In the Matter of Lu PO-YEN, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

Decided March 24, 2009.


Ordered that the judgment is affirmed, without costs or disbursements.

The failure of the New York State Board of Parole to consider the sentencing minutes in denying the petitioner's application to be released on parole did not prejudice him (see Matter of Galbreith v New York State Bd. of Parole, 58 A.D.3d 731 [2009]). As properly found by the Supreme Court, the examination of the sentencing minutes reveals that the sentencing...

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