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

528537.

176 A.D.3d 1548 (2019)

113 N.Y.S.3d 318

2019 NY Slip Op 07829

In the Matter of Eric Benson, Petitioner, v. New York State Board of Parole, Respondent.

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

Decided October 31, 2019.

Attorney(s) appearing for the Case

New York State Defenders Association, Albany ( Alfred O'Connor of counsel), for petitioner.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for respondent.

Egan Jr. and Lynch, JJ., concur.

In 1994, petitioner, then 21 years old, shot and killed the victim. In connection with this incident, petitioner was convicted, after a jury trial, of murder in the second degree and was sentenced to a prison term of 25 years to life (People v Benson, 233 A.D.2d 749 [1996], lv denied

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