Vasquez v. Dennison
Opinion of the Court
Appeal from a judgment of the Supreme Court (Teresi, J.), entered August 9, 2005 in Albany 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.
We are unpersuaded by petitioner’s contention that the Board based its determination solely on the instant offense to the exclusion of other relevant statutory factors. A review of the parole hearing transcript reveals that the Board considered not only the instant offense, but his participation in various institutional programs, his disciplinary record, remorse for the crime and potential plans upon release. Although the Board emphasized the serious nature of the offense, the Board is not required to give equal weight to or specifically discuss all factors it considered in denying a request for parole release (see Matter of Wellman v Dennison, 23 AD3d 974, 974 [2005]; Matter of Gamez v Dennison, 18 AD3d 1099, 1099 [2005]). Inasmuch as the record and Board’s determination reflect that the denial of petitioner’s request for parole release was based upon consideration of relevant statutory factors, and there being no “ ‘showing of irrationality bordering on impropriety’ ” (Matter of Silmon v Travis, 95 NY2d 470, 476 [2000], quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]; see Executive Law § 259-i [2] [c] [A]), the determination is beyond judicial review (see Executive Law § 259-i [5]) and will not be disturbed.
Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.