Opinion
September 16, 1999
Appeal from a judgment of the Supreme Court (Torraca, J.), entered December 1, 1998 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole.
Stuart Huber, Wallkill, appellant in person.
Eliot Spitzer, Attorney-General (Lew A. Millenbach of counsel), Albany, for respondent.
Before: MERCURE, J.P., CREW III, YESAWICH JR., CARPINELLO and MUGGLIN, JJ.
MEMORANDUM AND ORDER
Petitioner, incarcerated for his convictions of robbery in the first degree and robbery in the second degree, commenced this CPLR article 78 proceeding challenging the denial of his request for parole release, which was based upon petitioner's instant crimes, one of which occurred while he was released on bail, his pattern of criminal acts and his lack of understanding for his actions. Supreme Court dismissed petitioner's challenge thereto and we affirm. A review of the parole hearing evidences that the Board of Parole took into consideration all relevant factors, including his accomplishments while incarcerated, his criminal history and his plans for release. Although petitioner received an earned eligibility certificate, the Board rationally concluded that it was reasonably probable that petitioner would be unable to live and remain at liberty without violating the law and that his release would be incompatible with the welfare of the community (see, Matter of Hendricks v. New York State Div. of Parole, 253 A.D.2d 965; Matter of Nieves v. New York State Div. of Parole, 251 A.D.2d 836). Inasmuch as the Board's denial of petitioner's application was made pursuant to the statutory requirements, it will not be disturbed (see, Matter of Faison v. Travis, 260 A.D.2d 866, 688 N.Y.S.2d 782; Matter of Anthony v. New York State Div. of Parole, 252 A.D.2d 704, lv denied 92 N.Y.2d 812, cert denied 525 U.S. 1183, 119 S.Ct. 1125). We have reviewed petitioner's remaining contentions, including his speculative and conclusory assertion that the denial of his parole request was influenced by political and media pressures, and find them to be unpersuasive.
MERCURE, J.P., CREW III, YESAWICH JR., CARPINELLO and MUGGLIN, JJ., concur.
ORDERED that the judgment is affirmed, without costs.