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GRAZIANO v. EVANS

512150.

90 A.D.3d 1367 (2011)

935 N.Y.S.2d 382

2011 NY Slip Op 9231

PETER GRAZIANO, on Behalf of Himself and All Others Similarly Situated, Appellant, v. ANDREA W. EVANS, as Chair of the New York State Division of Parole, et al., Respondents.

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

Decided December 22, 2011.

MERCURE, A.P.J.

In 1986, plaintiff was convicted of murder in the second degree in connection with shooting an individual following an argument that took place while both men were consuming alcohol at a bar (People v Graziano, 151 A.D.2d 775 [1989], lv denied 74 N.Y.2d 809 [1989]). Plaintiff received the minimum sentence, 15 years to life in prison. He appeared before the Board of Parole five times between 2001 and...

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