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MATTER OF BENSON v. NEW YORK STATE BOARD OF PAROLE

No. 63 SSM 4.

35 N.Y.3d 1007 (2020)

149 N.E.3d 431

125 N.Y.S.3d 670

2020 NY Slip Op 03207

In the Matter of ERIC BENSON, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

Court of Appeals of New York.

Decided June 9, 2020.

Attorney(s) appearing for the Case

Brooklyn Defender Services, Brooklyn ( Alfred O'Connor of counsel), for appellant.

Letitia James , Attorney General, New York City ( Frank Brady , Barbara D. Underwood and Andrea Oser of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Judicial intervention in Parole Board determinations is warranted "only when there is a showing of irrationality bordering on impropriety" (Matter of Silmon v Travis, 95 N.Y.2d 470, 476 [2000] [internal quotation marks omitted]). Petitioner failed to make such a showing here with regard to the Parole Board...

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