Costello v. New York State Board of Parole
Cases that cite this one
10 later published cases cite this decision.
- Matter of Benson v. New York State Bd. of Parole (Appellate Division of the Supreme Court of New York 2019)
- Matter of Duffy v. New York State Bd. of Parole (Appellate Division of the Supreme Court of New York 2018)
- SPATARO, LUCIANO v. NEW YORK STATE DEPARTMENT OF CORR (Appellate Division of the Supreme Court of New York 2016)
- Spataro v. New York State Department of Corrections & Community Supervision (Appellate Division of the Supreme Court of New York 2016)
- Spataro v. New York State Department of Corrections & Community Supervision (Appellate Division of the Supreme Court of New York 2016)
- Flores v. Stanford (District Court, S.D. New York 2022)
- The Matter of Eric Benson v. New York State Board of Parole (N.Y. 2020)
- Matter of Thorn v. New York State Bd. of Parole (Appellate Division of the Supreme Court of New York 2017)
- Hamilton v. New York State Division (Appellate Division of the Supreme Court of New York 2014)
- Hamilton v. New York State Division (Appellate Division of the Supreme Court of New York 2014)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, the challenged determination annulled, and petitioner’s parole reinstated.
The Executive Law requires the Board of Parole (the Board) to consider any victim impact statement in the decision to grant or deny parole release to an inmate (see Executive Law § 259-i [2] [c] [A]). Nonetheless, while it is undisputed that rescission proceedings were properly initiated here, under the particular circumstances of this case, the Board improperly rescinded petitioner’s parole release, which should be reinstated.
Our resolution of this case should not be interpreted as minimizing either the importance of victim impact statements in parole board hearings generally or the powerfully presented evidence of the grief and loss experienced by the family of the victim in this case. On the contrary, we hope that our decision will impel both parole boards and district attorneys to comply fully with the letter and spirit of Executive Law § 259-i (2) (c) (A) (v) and CPL 440.50 (1), so that the effect of a crime on the victim and his or her family can be considered fully before a decision is made.
Order reversed, with costs, the challenged determination annulled and petitioner’s parole reinstated, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.