De Los Santos v. Division of Parole
Opinion of the Court
Petitioner assisted his codefendants in the commission of an armed robbery by surveilling the store prior to the robbery and providing the weapon that was used to fatally shoot one of the storekeepers. As a result, he was convicted in 1997 of murder in the second degree and was sentenced to 15 years to life in prison. In July 2010, he made his first appearance before the Board of Parole seeking to be released to parole supervision. At the conclusion of the hearing, his request was denied and he was ordered held for an additional 24 months. After the determination was affirmed on administrative appeal, petitioner commenced this CPLR article 78 proceeding. Following joinder of issue, Supreme Court dismissed the petition and this appeal ensued.
We affirm. It is well settled that parole release decisions are discretionary and will not be disturbed so long as the Board complied with the statutory requirements of Executive Law § 259-i (see Matter of Valentino v Evans, 92 AD3d 1054, 1055 [2012]; Matter of Matos v New York State Bd. of Parole, 87 AD3d 1193, 1194 [2011]).
Mercure, J.P., Rose, Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed, without costs.
We note that while Executive Law § 259-i was amended in 2011 (see L 2011, ch 62, § 1, part C, § 1, subpart A, §§ 38-b, 38-f-l), the Board’s decision in this case was rendered prior to this amendment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.