From Casetext: Smarter Legal Research

Wright v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Sep 12, 2002
297 A.D.2d 842 (N.Y. App. Div. 2002)

Opinion

90714

September 12, 2002.

Appeal from a judgment of the Supreme Court (Malone Jr., J.), entered October 12, 2001 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.

Raymond Wright, Malone, appellant pro se.

Eliot Spitzer, Attorney General, Albany, (Julie M. Sheridan of counsel), for respondents.

Before: Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ.


MEMORANDUM AND ORDER

Petitioner challenges his continued incarceration beyond his conditional release date on the ground that the condition imposed by the Division of Parole, requiring him to reside in an approved residence upon his release, was not met. Contrary to petitioner's assertions, it lies within the discretion of the Division of Parole to impose special conditions that must be satisfied prior to release (see Executive Law § 259-c; § 259-g [2]; 9 NYCRR 8003.2 [l]; 8003.3; see also Matter of M.G. v. Travis, 236 A.D.2d 163, 167, lv denied 91 N.Y.2d 814). In view of petitioner's lengthy criminal history and his status as a convicted sex offender arising out of his violent attack upon a woman, perpetrated at a time when he was on parole release from a previous conviction, the condition requiring him to live in an approved residence was rational (see People ex rel. Wilson v. Keane, 267 A.D.2d 686, appeal dismissed 95 N.Y.2d 824).

Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur.

ORDERED that the judgment is affirmed, without costs.


Summaries of

Wright v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Sep 12, 2002
297 A.D.2d 842 (N.Y. App. Div. 2002)
Case details for

Wright v. Travis

Case Details

Full title:In the Matter of RAYMOND WRIGHT, Appellant, v. BRION D. TRAVIS, as Chair…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 12, 2002

Citations

297 A.D.2d 842 (N.Y. App. Div. 2002)
746 N.Y.S.2d 850

Citing Cases

People ex rel. Rivera v. Superintendent, Woodbourne Corr. Facility

An additional condition does Appellate courts have upheld the outright denial of parole release to…

People ex rel. Rivera v. Superintendent, Woodbourne Corr. Facility

Appellate courts have upheld the outright denial of parole release to incarcerated sex offenders for the…