ALBANY – The state parole board was within its rights when it rescinded parole in a felony murder case because survivors came forward, after parole had already been granted, to voice their opposition to the offender’s release, a divided appellate panel held yesterday.
But in disagreeing over whether belatedly submitted victim impact statements constitute new evidence, the justices of the Appellate Division, Third Department, framed an issue that may well be headed to the Court of Appeals.
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