In In the Matter of Coaxum v. New York State Board of Parole, 14 Misc 3d 661, 827 N.Y.S.2d 489, 2006 NY Slip Op 26493, the petitioner had been incarcerated for 21 years for murder in the second degree and robbery I the first degree. Her institutional record was exemplary. So too were her psychological insights of her guilt and shame as well as her remorse for her criminal actions. The court took note of the petitioner's devoted family, her elderly mother, children and grandchildren. Yet, petitioner was denied parole four times since her minimum 15 year sentence elapsed. The parole board's decision cited the brutality of the murder - tying the hands and feet of an 80 year old victim. Petitioner was 28 years old at the time. The Board concluded her criminal act was extremely brutal and heinous that to release the petitioner at this time would deprecate the seriousness and undermine respect for the law. The Court granted the petition holding that while parole is not to be granted merely as a reward for positive conduct and rehabilitative achievements, these factors must be considered. The Court found that the Board's decision "accorded no weight and no emphasis whatsoever to any factor apart from the seriousness of the petitioner's offense."