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.