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PAROLE BOARD PROPERLY CONSIDERED PETITIONER’S YOUTH AT THE TIME HE COMMITTED SERIOUS CRIMES, PAROLE PROPERLY DENIED (THIRD DEPT).

The Third Department, in a comprehensive decision, determined the parole board had properly considered petitioner’s youth at the time of the commission of the crimes and had properly denied parole. Petitioner was a few weeks from his eighteenth birthday when he committed the crimes and was 44 years old at his 2016 appearance before the parole board:

… [R]eview of the record leads us to the conclusion that the Board did consider the necessary statutory factors, as well as petitioner’s youth at the time of the crimes. Specifically, at the hearing, the Board explored the facts underlying petitioner’s crimes in detail and his insight into his crimes, as well as his release plans, prior criminal record, educational and institutional achievements, lengthy prison disciplinary record, sentencing minutes, COMPAS Risk and Needs Assessment instrument and numerous letters of support. Also, the hearing transcript demonstrates that petitioner’s youth at the time that he committed the crimes was adequately explored. * * *

A thorough review of the Board’s decision evinces that all necessary statutory factors, as well as petitioner’s youth and its attendant characteristics, were considered. Although the Board assigned greater weight to the seriousness of petitioner’s crimes, his history of violence, his failure to complete recommended programming and his lengthy prison disciplinary record, we find that the ultimate determination is rational and, therefore, we will not disturb it … . Matter of Allen v Stanford, 2018 NY Slip Op 03888, Third Dept 5-31-18

CRIMINAL LAW (PAROLE BOARD PROPERLY CONSIDERED PETITIONER’S YOUTH AT THE TIME HE COMMITTED SERIOUS CRIMES, PAROLE PROPERLY DENIED (THIRD DEPT))/PAROLE (PAROLE BOARD PROPERLY CONSIDERED PETITIONER’S YOUTH AT THE TIME HE COMMITTED SERIOUS CRIMES, PAROLE PROPERLY DENIED (THIRD DEPT))

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