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MATTER OF PLATTEN v. NEW YORK STATE DIVISION OF PAROLE

511346.

85 A.D.3d 1281 (2011)

924 N.Y.S.2d 619

2011 NY Slip Op 4582

In the Matter of JOHN PLATTEN, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided June 2, 2011.

MALONE Jr., J.

Petitioner is serving a sentence of 20 years to life in prison for his 1990 conviction of murder in the second degree. In 2001, certain material was ordered to be stricken from petitioner's presentence investigation report. In 2008, following his first parole hearing, the Board of Parole denied petitioner parole. Petitioner thereafter commenced the instant CPLR article 78 proceeding seeking to annul the Board's determination. Supreme Court granted the...

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