Matter of Parmes v Travis |
2005 NY Slip Op 03094 [17 AD3d 885] |
April 21, 2005 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
In the Matter of Jose Parmes, Appellant, v Brion D. Travis, as Chair of the Board of Parole, Respondent. |
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Appeal from a judgment of the Supreme Court (Benza, J.), entered June 22, 2004 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 his request for parole release.
Petitioner is serving concurrent prison sentences of 8
In reviewing an inmate's request for parole release, the Board must consider various statutory factors (see Executive Law § 259-i [1]; [2] [c] [A]), but it is not required to give equal weight to or discuss every factor it considered in reaching its discretionary determination (see Matter of Wan Zhang v Travis, 10 AD3d 828 [2004]). Notwithstanding the Board's particular emphasis on the truly heinous nature of the crimes involved, the parole interview transcript, confidential material and the determination reveal, contrary to petitioner's contention, that the Board considered and specifically noted petitioner's positive rehabilitative factors in denying his request for parole release. Although petitioner had many positive achievements while incarcerated, it is well settled that "[d]iscretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined" (Executive Law § [*2]259-i [2] [c] [A]). Furthermore, it was appropriate that the Board consider the seriousness of the offense in making its determination (see Executive Law § 259-i [1] [a]; [2] [c] [A]; Matter of Silmon v Travis, 95 NY2d 470 [2000]; Matter of Williams v Travis, 11 AD3d 788 [2004]), and we are unpersuaded by petitioner's contention that the Board misconstrued or relied on erroneous information regarding the crimes for which he was convicted. Inasmuch as the record reveals that the Board considered all relevant statutory factors in reaching the determination, and there being no " 'showing of irrationality bordering on impropriety' " (Matter of Silmon v Travis, supra at 476, quoting Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]), further judicial review is precluded (see Executive Law § 259-i [5]). Petitioner's remaining contentions have been reviewed and found to be without merit.
Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.