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People ex Rel. DiCostanzo v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 861 (N.Y. App. Div. 1988)

Opinion

February 29, 1988

Appeal from the Supreme Court, Westchester County (Daranco, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The petitioner failed to demonstrate that the New York State Board of Parole disregarded the statutory requirements. The Board held a hearing and considered the petitioner's institutional record and education achievements, as well as the letters and recommendations it had received in connection with the petitioner's application for release. In deciding whether an inmate should be released, consideration is not limited to good behavior in prison, but consideration must also be given to "whether there is a reasonable probability that the inmate will remain at liberty without violating the law if released, that the release will not endanger society and that the release will not so deprecate the severity of the crime [so] as to undermine respect for the law" (Tarter v State of New York, 68 N.Y.2d 511, 517). The release of an inmate is a discretionary decision of the Board (see, Tarter v State of New York, supra). Because the Board acted in accordance with statutory requirements, its discretionary release decision is not subject to judicial review (see, People ex rel. Thomas v Superintendent, 124 A.D.2d 848). Mollen, P.J., Kunzeman, Rubin and Balletta, JJ., concur.


Summaries of

People ex Rel. DiCostanzo v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 861 (N.Y. App. Div. 1988)
Case details for

People ex Rel. DiCostanzo v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. JAMES DiCOSTANZO, Appellant…

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

Date published: Feb 29, 1988

Citations

137 A.D.2d 861 (N.Y. App. Div. 1988)

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