Legal Question in Criminal Law in New York

Due Process in administrative decision and remedies

Titterate , in 12-94, my husband went to the parole board, and was denied parole, for failure to participate in programing as well as the nature of his crime. He went back before the parole board in 12-96, he had completed all programming and had recieved earned eligibility, and been participating sucessfully in the family reunion program, and was denied again with out any reference to any programming or "rehabilitative services", the earned eligibility, again denied due to the nature of the crime. He appealed that decision and won the appeal, and was sent to another board, they in turn denied him for the exact reasons, again with no reference to programming or "rehabilitative services", the earned eligibility. Tthis was in violation of Due Process. because he only has (now) 6 months to go before his CR date(June 1998) IS there anything to do to expidite the parole appeals division to make another determination?... Due to the timely nature of this matter?Thank you for your input, , Please if possible, if there is any thing that can be done, or if you feel that your agency may be able to assist in expiditing the case to be heard... Please contact me at your earliest convienence.


Asked on 12/23/97, 12:49 pm

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

It is because of the

nature of the crime, don't you see? Of course you do. The second decision maybe too subtle - lack of mention of other 'aspects' intended, perhaps, to emphasize that it is the nature of the crime. Likelihood of obtaining further review-to-determination w/in 6 months time frame is "poor-ish", I'd speculate.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 12/23/97, 11:23 pm


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