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HAMILTON v. NYS. DIV. OF PAROLE

6463-11.

36 Misc.3d 440 (2012)

943 N.Y.S.2d 731

2012 NY Slip Op 22112

In the Matter of SAMUEL HAMILTON, Petitioner, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

Supreme Court, Albany County.

March 6, 2012.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Moira Kim Penza of counsel), for petitioner. Eric T. Schneiderman , Attorney General, Albany ( Kevin P. Hickey of counsel), for respondents.

OPINION OF THE COURT

RICHARD M. PLATKIN, J.

Samuel Hamilton is an inmate at the Fishkill Correctional Facility serving concurrent indeterminate terms of imprisonment of 18 years to life for murder in the second degree and 9 to 18 years for robbery in the first degree. He brings this CPLR article 78 proceeding challenging respondents' determination of November 9, 2010, which denied him release to parole and ordered him held for reappearance in 24 months....

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