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Matter of Walker v. N.Y. State Bd. of Parole

Appellate Division of the Supreme Court of New York, Third Department
Aug 10, 1995
218 A.D.2d 891 (N.Y. App. Div. 1995)

Opinion

August 10, 1995


Appeal from the Supreme Court, Albany County (Torraca, J.).

Petitioner, an inmate serving a term of 4 to 12 years in prison upon his conviction of the crimes of attempted murder in the second degree, reckless endangerment in the first degree and endangering the welfare of a child, challenges respondent's denial of his request for release on parole and refusal to consider another request for a 24-month period. He contends, among other things, that the Board's decision is arbitrary and capricious. We disagree. The record reveals that the Board considered, inter alia, the violent nature of the crime at issue, petitioner's history of assaultive behavior toward his ex-wife and the negative recommendation of the Bronx District Attorney. Since these considerations are substantiated by the record, we find no reason to disturb the Board's decision. We have conside red petitioner's remaining arguments and find them to be without merit.

Petitioner's motion to amend the record on appeal is denied.

Mikoll, J.P., Crew III, White, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Walker v. N.Y. State Bd. of Parole

Appellate Division of the Supreme Court of New York, Third Department
Aug 10, 1995
218 A.D.2d 891 (N.Y. App. Div. 1995)
Case details for

Matter of Walker v. N.Y. State Bd. of Parole

Case Details

Full title:In the Matter of DARRYL WALKER, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: Aug 10, 1995

Citations

218 A.D.2d 891 (N.Y. App. Div. 1995)
630 N.Y.S.2d 417

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