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Hoyer v. Stanford

Failure to Show Board's Impropriety in Denying Parole Dismisses Article 78 Challenge

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DECISION AND JUDGMENT

*1  The Petitioner herein filed this Article 78 petition challenging the determination of the New York Board of Parole denying his request for parole following a hearing held on June 27, 2017. The Petitioner is serving a term of 20 years to Life for his conviction, by plea, of Murder in the 2nd degree (PL-125.25(3), an “A” Felony). His record also includes 2 to 4 years consecutive to the Murder conviction sentence for Assault in the 2nd degree (PL-120.05(6), a “D” felony, as a Second Felony Offender. He further stands convicted of Burglary in the 2nd degree (PL-140.25, a “C” Violent Felony), 2 counts of Grand Larceny in the 3rd degree, (PL-155.30, an “E” felony) and 2 counts of Criminal Possession of Stolen Property (PL-165.45(1)(4), an “E” felony). He appeared before the New York State Board of Parole on six prior occasions, one of which determination denying parole was vacated, and was denied parole again on his latest appearance. The underlying crimes for which the convictions were rendered are very serious and show a gross disregard for human life as well as the rights of others.With regard to the Burglary, Grand Larceny, and Criminal Possession of Stolen Property charges, the underlying incident was on April 22, 1984. The defendant, in concert with another

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