Opinion
October 31, 1991
Appeal from the Supreme Court, Albany County (Prior, Jr., J.).
Contrary to petitioner's contention, the denial of his request for parole was not in violation of Correction Law § 805 nor was it arbitrary or capricious. Correction Law § 805 states that an inmate with a certificate of earned eligibility shall be granted release "unless the board of parole determines that there is a reasonable probability that, if such inmate is released, he will not live and remain at liberty without violating the law and that his release is not compatible with the welfare of society". In this case, the Board of Parole determined that both such factors existed and denied petitioner parole. The language of the statute retained the Board's discretion to determine whether release was appropriate (see, 9 NYCRR 8002.3 [c]; see generally, Board of Pardons v. Allen, 482 U.S. 369). The Board's decision was also not arbitrary. To support its conclusion, it cited petitioner's criminal history as well as his prior violation of parole. These statements were sufficient to inform petitioner of the reasons and factors for the denial (see, 9 NYCRR 8002.3 [d]; Matter of Harden v. New York State Bd. of Parole, 103 A.D.2d 777). The determination was supported by the record and was made in accordance with the law, thereby foreclosing judicial intervention (see, Matter of Confoy v. New York State Div. of Parole, 173 A.D.2d 1014). Petitioner's remaining contentions have been considered and rejected as lacking in merit.
Weiss, J.P., Mikoll, Yesawich Jr., Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed, without costs.