MATTER OF MERCADO v. EVANS

518641

120 A.D.3d 1521 (2014)

992 N.Y.S.2d 466

2014 NY Slip Op 06359

In the Matter of DAVID MERCADO, Appellant, v. ANDREA EVANS, as Chair of the Division of Parole, Respondent.

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

Decided September 25, 2014.


Petitioner is serving a sentence of 22 years to life upon his conviction of murder in the second degree. The conviction arose from a March 1991 incident in which petitioner, who had consumed a significant amount of alcohol and cocaine, killed a taxi driver by shooting him in the back, neck and shoulders as the taxi drove away. In December 2012, petitioner made his initial appearance before the Board of Parole, which denied his request for release and ordered him held for...

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