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Court Says Special Parole is a Discretionary Matter


Suffolk Drug Crime 87

The petitioner in the case is James Kenneth Brown III. The matter deals with an application for a judgment that is pursuant to the Civil Practice Law and Rules, Article 78. The respondents of the case are Andrea D. Evans, the Chief Executive Officer for the NYS Division of Parole and the Chairwoman of the NYS Board of Parole. The case is being heard in the Supreme Court of the State of New York located in the County of Franklin.

Legal Background

A New York Criminal Lawyer said that the petitioner of the case, James Kenneth Brown III is an inmate at the Bare Hill Correctional Facility. He is challenging his incarceration because he states that the delinquent time assessment that was imposed at his final parole revocation hearing had expired.

An order to show cause was issued in the case by the court on the second of April, 2010. An amended order was issued on the 27th of April, 2010. The court has received and reviewed the answer that was provided by the respondent. A letter that was dated the eighth of June, 2010, showed that the petitioner’s application for a judgment on default had been denied.

Case Background

The petitioner was sentenced in the Oneida County Court to an indeterminate amount of time between seven and fourteen years. This sentencing was for a crime in the second degree and took place on the 10th of Sept, 1997. The petitioner was released from custody to paroled supervision in September of 2006. This parole was revoked and then restored at the Willard Drug Treatment Campus. A New York Sex Crimes Lawyer said the petitioner was then released into community based parole supervision in January of 2007. He again violated the conditions of his parole and was returned to DOCS custody because of this violation. Most recently, the petitioner was released in June of 2008 to parole supervision. However, he was served with a violation release report in October of 2008 stating that he had violated parole on eleven different counts. This report was served to him in the Rensselaer County Jail where he was being held in connection to new criminal charges.

On the 27th of May in 2009 the petitioner was convicted in the Justice Court in the town of Nassau for crimes of sexual misconduct and endangering the welfare of a child. These are both misdemeanors. However, a New York Criminal Lawyer said in the case of the petitioner, who had previously been convicted of sexual misconduct, he is a “sex offender” under the Correction Law.

Case Discussion and Decision

The petitioner states that he is being held in custody by the Department of Correctional Services after the expiration of the 16 month delinquent time assessment. The petitioner further states that he has been confused with another inmate at the facility and this is the reason he is still being held.

The court has reviewed all of the documents from the case and feels that the imposition of a special parole is a discretionary matter. A New York Drug Possession Lawyer said the petitioner has not shown any attempts at living within the rules set by parole as he has violated these terms several times in the past.

For these reason, the court is dismissing the petition as it is not seen to be in any type of violation of the petitioner’s rights.

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