A man who was 16 years old when he fatally strangled his girlfriend almost 40 years ago is entitled to a new parole board review that takes into consideration his age at the time of his crime, a divided upstate court has ruled.

The 3-2 Appellate Division, Third Department, said the parole board, as the entity tasked with deciding if Dempsey Hawkins will spend his entire life in prison, “was required to consider the significance of petitioner’s youth and its attendant circumstances at the time of the commission of the crime before making a parole determination.”

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