(DOWNLOAD) "Matter Frank Russo v. New York State Board Parole" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Frank Russo v. New York State Board Parole
- Author : Court of Appeals of New York
- Release Date : January 24, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
When a court in sentencing a convicted defendant fixes a maximum but no minimum sentence, may the Parole Board, acting under section 259-i of the Executive Law fix as the minimum period of incarceration (MPI) a period in excess of one third of the maximum, even though the sentencing court could not have done so? Has a sentenced defendant a cognizable liberty interest in the right to seek parole so that a minimum sentence in excess of that which could have been fixed by a court violates his right to due process? We hold that the Parole Board may impose an MPI in excess of that which a Judge could have fixed and that its doing so violates no liberty interest of constitutional dimension. We therefore reverse.