Charlemagne v. State of New York Division of Parole
Cases that cite this one
13 later published cases cite this decision.
- Robles v. Dennison (District Court, W.D. New York 2010)
- Scott v. Dennison (District Court, W.D. New York 2010)
- Prout v. Dennison (Appellate Division of the Supreme Court of New York 2006)
- Zayd WW. v. Travis (Appellate Division of the Supreme Court of New York 2005)
- Lomonaco v. New York State Board of Parole (Appellate Division of the Supreme Court of New York 2003)
- Larry v. Travis (Appellate Division of the Supreme Court of New York 2003)
- Raqiyb v. Donnelly (Appellate Division of the Supreme Court of New York 2003)
- Rodriguez v. Travis (Appellate Division of the Supreme Court of New York 2001)
- Larrier v. New York State Board of Parole Appeals Unit (Appellate Division of the Supreme Court of New York 2001)
- Hurdle v. New York State Board of Parole (Appellate Division of the Supreme Court of New York 2001)
- Johnson v. Travis (Appellate Division of the Supreme Court of New York 2001)
- Williams v. Travis (Appellate Division of the Supreme Court of New York 2001)
- Trobiano v. State (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 18, 2000 in Sullivan 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 release.
Petitioner is serving a sentence of imprisonment of 25 years to life imposed upon his 1973 conviction of murder in the second degree and other crimes which he committed during the course of a 1972 burglary. At the time he committed these crimes, he was on parole from a 1966 conviction involving the shooting death of an elderly man during a mugging. His 1999 request for parole release was denied based on the excessive violence of the 1972 crimes wherein he shot and repeatedly stabbed two people causing the death of one of them. Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his request for parole release and he now appeals from Supreme Court’s dismissal of the petition.
The record demonstrates that the Board considered the relevant statutory factors in denying petitioner’s request for parole release. The Board is not required to enumerate or give equal weight to each statutory factor (see, Matter of Farid v Travis, 239 AD2d 629; see also, Executive Law § 259-i [1] [a] [i]) or to expressly discuss each factor considered (see, Matter of Rivera v State of N. Y. Executive Dept. Bd. of Parole, 268 AD2d 928). Release on parole shall not be granted merely as a reward for petitioner’s good conduct or achievements while incarcerated (see, Matter of Guerin v New York State Div. of Parole, 276 AD2d 899; see also, Executive Law § 259-i [2] [c]), and the Board’s emphasis on the seriousness of petitioner’s crimes and his criminal history does not demonstrate that the determination was affected by irrationality bordering on impropriety (see, Matter of Felder v Travis, 278 AD2d 570). Accordingly, we perceive no basis upon which to disturb the determination (see, Matter of Santos v New York State Div. of Parole, 267 AD2d 533; see also, Executive Law § 259-i [5]) and, therefore, Supreme Court’s judgment dismissing the petition is affirmed.
Mercure, J. P., Peters, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.