MATTER OF CARTER v. EVANS

510391.

81 A.D.3d 1031 (2011)

916 N.Y.S.2d 291

In the Matter of DANIEL CARTER, Appellant, v. ANDREA EVANS, as Chair of the Division of Parole, Respondent.

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

Decided February 3, 2011.


Petitioner was convicted in 1989 of the crime of murder in the second degree and sentenced to 15 years to life in prison. In August 2009, he made his fifth appearance before the Board of Parole and the Board denied his request for parole release and ordered that he be held for an additional 24 months. Petitioner thereafter commenced this CPLR article 78 proceeding to challenge the Board's determination and Supreme Court dismissed the petition, prompting this appeal.

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