Majority
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 15, 2017 in St. Lawrence 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 1998, petitioner was convicted of three counts of murder in the first degree and was sentenced to concurrent prison terms of 20 years to life. In January 2016, he made his initial appearance before respondent 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. Petitioner’s subsequent administrative appeal was unsuccessful. Thereafter, petitioner commenced this CPLR article 78 proceeding and, following joinder of issue, Supreme Court dismissed the petition. This appeal by petitioner ensued.
We affirm. “Where [respondent] has complied with the statutory requirements governing parole procedures, judicial intervention is warranted only when there is a showing of irrationality bordering on impropriety” (Matter of Tran v Evans, 126 AD3d 1196 , 1196 [2015] [internal quotation marks, brackets and citations omitted]; see Matter of Bush v Annucci, 148 AD3d 1392 , 1393 [2017]). Although respondent placed particular emphasis on the nature of the crime, the record establishes that it also appropriately considered relevant statutory factors, including the COMPAS Risk and Needs Assessment instrument, sentencing minutes and petitioner’s institutional disciplinary record (see Matter of Perea v Stanford, 149 AD3d 1392 , 1393 [2017]; Matter of Bush v Annucci, 148 AD3d at 1393 ). To that end, “[respondent] was not required to place equal weight on each statutory factor that it considered” (Matter of Paniagua v Stanford, 153 AD3d 1018 , 1019 [2017]). Contrary to petitioner’s contention, “[t]he existence of the deportation order does not require that parole be granted, but is a factor for [respondent] to consider” (Matter of Delrosario v
Garry, P.J., Egan Jr., Lynch, Aarons and Pritzker, JJ., concur.
Ordered that the judgment is affirmed, without costs.
Cases cited
- Bush v. Annucci 148 AD3d 1392 at 1393 p. 1151
- Perea v. Stanford 149 AD3d 1392 at 1393 p. 1151
- Paniagua v. Stanford 153 AD3d 1018 at 1019 p. 1151
- Delrosario v. Stanford 140 AD3d 1515 at 1515 p. 1152
- Lackwood v. New York State Division of Parole 127 AD3d 1495 at 1495 p. 1152
- Silmon v. Travis 95 NY2d 470 at 476 p. 1152
- Russo v. New York State Board of Parole 50 NY2d 69 at 77 p. 1152