Matter of Brower v Alexander |
2008 NY Slip Op 09518 [57 AD3d 1060] |
December 4, 2008 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Reginald Brower, Appellant, v George Alexander, as Chair of the New York State Division of Parole, Respondent. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for
respondent.
Appeal from a judgment of the Supreme Court (Cahill, J.), entered March 12, 2008 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.
In 1996, petitioner was convicted of criminal possession of a controlled substance in the second
degree and assault in the second degree. He was sentenced as a second violent felony offender to
consecutive prison terms of 8
We affirm. "Parole determinations are not subject to further judicial review if they are made in accordance with the statutory requirements of Executive Law § 259-i" (Matter of Pulliam v Dennison, 38 AD3d 963, 963 [2007] [citations omitted]). The record in the case at hand reveals that the Board considered the appropriate statutory factors, including the seriousness of petitioner's crimes, his criminal history, prison disciplinary record, program accomplishments [*2]and postrelease plans (see Matter of Mojica v Travis, 34 AD3d 1155, 1156 [2006]). The Board was not required to specifically articulate each factor considered in making its decision nor to accord each factor equal weight (see Matter of Vasquez v Dennison, 28 AD3d 908, 909 [2006]; Matter of Wan Zhang v Travis, 10 AD3d 828, 829 [2004]). Contrary to petitioner's claim, the Board did not base its decision upon erroneous information. Notably, the Board was permitted to consider all the circumstances surrounding petitioner's crimes, including conduct for which he was not convicted, as this was not the sole basis for its decision (see Matter of Nunez v Dennison, 51 AD3d 1240, 1241 [2008]). In sum, inasmuch as the Board's decision does not exhibit " 'irrationality bordering upon impropriety' " (Matter of Silmon v Travis, 95 NY2d 470, 476 [2000], quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]), we find no reason to disturb it.
Cardona, P.J., Carpinello, Rose, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed, without costs.