Hopkins v. New York State Board of Parole
Opinion of the Court
Appeal from a judgment of the Supreme Court (McNamara, J-), entered September 18, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.
In 2003, petitioner was sentenced as a second felony offender to a prison term of V-k to 3 years for his conviction upon his plea of guilty of grand larceny in the fourth degree. At the time of his incarceration, petitioner owed eight years, one month and two days on prior undischarged sentences. After petitioner made a reappearance before respondent in August 2006, his request for parole release was denied. Petitioner commenced this CPLR article 78 proceeding when his administrative appeal was not timely decided. Supreme Court dismissed the petition, prompting this appeal.
Petitioner primarily contends that respondent’s determination must be annulled because it considered erroneous information; namely, that he is currently serving a sentence of V-k to 3 years upon his grand larceny conviction. According to petitioner, that sentence expired in March 2006. However, that sentence was imposed pursuant to Penal Law § 70.06 and, by operation of law, it runs consecutively to his previous undischarged sentences (see Penal Law § 70.25 [2-a]; Matter of Jackson v Smith, 36 AD3d 1067, 1068 [2007]). As such, respondent did not err in
Cardona, P.J., Her cure, Feters, 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.