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MATTER OF MARTINEZ v. EVANS

515277.

108 A.D.3d 815 (2013)

968 N.Y.S.2d 258

2013 NY Slip Op 5022

In the Matter of ROBERTO MARTINEZ, Appellant, v. ANDREA D. EVANS, as Chair of the New York State Division of Parole, Respondent.

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

Decided July 3, 2013.

In 1998, petitioner pleaded guilty to manslaughter in the first degree for fatally shooting his wife's paramour. He was sentenced to 12½ to 25 years in prison. In June 2011, he made his second appearance before the Board of Parole seeking to be released to parole supervision. Following a hearing, his request was denied and he was ordered held an additional 24 months. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article...

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