Lin v. Standford

63 Misc.3d 1208(A) (S.Ct. NY. 2019)

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Nature of the Case

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Facts

D was sentenced to an indeterminate term of one and two-thirds to five years incarceration upon the conviction following jury trial of one count of Manslaughter in the Second Degree. D was found guilty of striking and killing a pedestrian while driving a motor vehicle at approximately 60 mph in a 25 mph zone. D appeared before the Parole Board on February 6, 2018, and was denied parole release with a 24-month hold. D timely appealed and the denial was affirmed. D asserts that the Parole Board failed to appreciate that he had taken full responsibility for his actions and that the Parole Board failed to consider the victim's intoxication was a factor in the accident despite the speed. D argues that the Parole Board failed to consider the statutory factors enumerated in Executive Law §259-i(2)(c). The Parole Board denied parole and stated that, if released at this time, there is a reasonable probability that D would not live at liberty without violating the law. D's release was incompatible with the welfare and safety of the community. Despite that his COMPAS indicates a low risk in several individual areas his reckless behavior in manipulating the vehicle to drive at an accelerated speed, compiled with driving approximately 60 mph in a 25 mph jurisdiction placed both the driving public and pedestrians at grave risk. P asked that D’s petition be dismissed. The Court's role is only to determine if P followed the statutory guidelines and rendered a determination that is supported and not contradicted, by the facts in the record.