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Matter of Caroselli v. Claudio

Inmate Fails to Establish Mandatory Action Respondent Did Not Perform, or Right to Relief

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Papers Considered:1. Order to Show Cause (O’Connor, J.), dated November 22, 2017; Verified Petition, verified on November 1, 2017, with attached exhibits 1-10;2. Answer, dated November 14, 2018, with annexed exhibits A-D; Memorandum of Law in Support of Respondent’s Answer, dated November 15, 2018; and3. Reply, dated November 27, 2018. Petitioner, an inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”), commenced this CPLR article 78 proceeding seeking to compel respondent to accept his June 13, 2016 letter to Governor Andrew Cuomo requesting “a pardon upon innocence” (Petition, 1). Respondent opposes the application through an answer.1BACKGROUNDAfter being convicted of five class C felonies, petitioner was sentenced in 1993 to a prison term of 35 years to life as a persistent violent felony offender (see Verified Petition ["Petition"], 6; Penal Law §70.08). In 2003, while confined at Auburn Correctional Facility, petitioner was convicted of two class D felonies and sentenced as a persistent violent felony offender to consecutive terms of imprisonment of 15 years to life (see id.). Thus, petitioner is serving a total aggregate sentence of 65 years to life on his 1993 and 2003 convictions (see id.).Petitioner alleges that his sentences on the 1993 and 2003 convictions were enhanced on account of two prior convictions for violent felonies, and he claims to be innocent of the latter such conviction (“1985 conviction”) (see id.,

6, 8-9, 17). Petitioner contends that if he were pardoned of the 1985 conviction by the Governor, his current sentences would be subject to mandatory reduction (see id.,

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