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MATTER OF COSTELLO v. NEW YORK STATE BD. OF PAROLE

514282.

101 A.D.3d 1512 (2012)

957 N.Y.S.2d 486

2012 NY Slip Op 9116

In the Matter of PABLO COSTELLO, Petitioner, v. NEW YORK STATE BOARD OF PAROLE et al., Respondents.

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

December 27, 2012.

Lahtinen, J.

During the course of an armed robbery of an auto supply store by petitioner and Luis Torres in December 1978, a New York City police officer, who was unaware of what was transpiring, walked into the store to inquire about a nearby double parked car and was shot and killed by Torres. Petitioner was eventually convicted in 1980 of, among other crimes, felony murder (People v Costello, 104 A.D.2d 947 [1984],

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