Appellate Division of the Supreme Court of New York, 2002

Wright v. Travis

Appellate Division of the Supreme Court of New York · Decided September 12, 2002

297 A.D.2d 842; 746 N.Y.2d 850; 746 N.Y.S.2d 850; 2002 N.Y. App. Div. LEXIS 8306

Cases that cite this one

7 later published cases cite this decision.

The People v. Superintendent, Woodbourne Correctional Facility (N.Y. 2023)
Boss v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2011)
Williams v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2010)
Breeden v. Donnelli (Appellate Division of the Supreme Court of New York 2006)
Billups v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2005)
Hyman v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2005)
Ahlers v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2003)

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

Petitioner challenges his continued incarceration beyond his conditional release date on the ground that the condition imposed by the Division of Parole, requiring him to reside in an approved residence upon his release, was not met. Contrary to petitioner’s assertions, it lies within the discretion of the Division of Parole to impose special conditions that must be satisfied prior to release (see Executive Law § 259-c [2]; § 259-g [2]; 9 NYCRR 8003.2 [Z]; 8003.3; see also Matter of M.G. v Travis, 236 AD2d 163, 167, Iv denied 91 NY2d 814). In view of petitioner’s lengthy criminal history and his status as a convicted sex offender arising out of his violent attack upon a woman, perpetrated at a time when he was on parole release from a previous conviction, the condition requiring him to live in an approved residence was rational (see People ex rel. Wilson v Keane, 267 AD2d 686, appeal dismissed 95 NY2d 824).

Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.