MATTER OF DIAZ v. EVANS

512166.

90 A.D.3d 1371 (2011)

935 N.Y.S.2d 224

2011 NY Slip Op 9233

In the Matter of JOSE DIAZ, Petitioner, v. ANDREA W. EVANS, as Chair of the Division of Parole, Respondent.

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

Decided December 22, 2011.


LAHTINEN, J.

In 1991, in the course of trying to gun down a rival drug dealer, petitioner fired a hail of bullets into a convenience store, killing an assistant district attorney for the Bronx District Attorney's office. As a result, petitioner was convicted of, among other things, murder in the second degree and sentenced to an aggregate prison term of 15 years to life. In April 2009, after his third appearance before...

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