| Matter of Gordon v New York State Bd. of Parole |
| 2011 NY Slip Op 00612 [81 AD3d 1032] |
| February 3, 2011 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of William Gordon, Appellant, v New York State Board of Parole, Respondent. |
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Eric T. Schneiderman, Attorney General, Albany (Kate Nepveu of counsel), for
respondent.
Appeal from a judgment of the Supreme Court (McDonough, J.), entered April 15, 2010 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.
In 1994, petitioner was convicted of attempted murder in the second degree, criminal
possession of a weapon in the second degree and two counts of assault in the second degree, and
was sentenced to an aggregate term of 13
Initially, we note that parole release decisions are discretionary and will not be disturbed so long as the statutory requirements of Executive Law § 259-i are satisfied (see Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Wright v Alexander, 71 AD3d 1270, 1271 [2010]). Notably, respondent need not articulate each statutory factor considered in making its decision nor give each factor equal weight (see Matter of Martin v New York State Div. of Parole, 47 AD3d 1152, 1152 [2008]; Matter of Rodney v Dennison, 24 AD3d 1152, 1153 [2005]). Here, there is no support for petitioner's claim that respondent did not comply with the statute because it based its decision solely upon the [*2]seriousness of his crimes. Rather, the record reveals that respondent considered not only the seriousness of petitioner's crimes, but also his clean criminal record, program accomplishments, lack of prison disciplinary violations and postrelease plans (see Matter of Wise v New York State Div. of Parole, 54 AD3d 463, 464 [2008]; Matter of Burress v Dennison, 37 AD3d 930, 931 [2007]). Inasmuch as respondent's decision does not exhibit " 'irrationality bordering on impropriety' " (see 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 decline to disturb it. We have considered petitioner's remaining contentions and find them to be unpersuasive.
Cardona, P.J., Peters, Kavanagh, Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.