| Matter of Pabon v New York State Div. of Parole |
| 2006 NY Slip Op 01344 [26 AD3d 707] |
| February 23, 2006 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Jon Pabon, Appellant, v New York State Division of Parole, Respondent. |
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Appeal from a judgment of the Supreme Court (Bradley, J.), entered July 14, 2005 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.
Following his 1984 convictions of robbery in the first degree and murder in the second degree, petitioner was sentenced to concurrent prison terms of 8
We affirm. The record reveals that the Board took into consideration the relevant statutory factors in denying petitioner's request for release, including not only the serious nature of his crimes, but also his prison disciplinary record, program accomplishments and postrelease plans (see Executive Law § 259-i [2] [c] [A]; Matter of Vasquez v State of N.Y. Exec. Dept., [*2]Div. of Parole, 20 AD3d 668, 669 [2005]). The Board was not required to give all factors equal weight (see Matter of Carter v Dennison, 19 AD3d 974, 975 [2005]; Matter of McCorkle v New York State Div. of Parole, 19 AD3d 791, 791 [2005]). Although petitioner asserts that respondent submitted inaccurate information which led Supreme Court to conclude that this was his second appearance before the Board when, in fact, it was his fourth, the record does not substantiate this claim or reveal that the Board considered the number of appearances in denying his request. Inasmuch as petitioner has not demonstrated that the Board's decision evinces " 'irrationality bordering on 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 decline to disturb it. We have considered petitioner's remaining contentions and find them to be unavailing.
Cardona, P.J., Mercure, Spain, Mugglin and Kane, JJ., concur. Ordered that the judgment is affirmed, without costs.