McLaurin v. New York State Bd. of Parole

In McLaurin v. New York State Bd. of Parole (27 AD3d 565 [2d Dept 2006]), an inmate brought an Article 78 proceeding to review the Parole Board's determination that he be held for an additional twenty-four months without any review of the trial judge's sentencing minutes. The Court held, at 565-566: Contrary to the contention of the New York State Board of Parole (hereinafter the Board) the Supreme Court did not err in granting the petition and directing that it hold a de novo hearing. The statements in the County Court's resentencing minutes constituted a sentencing recommendation by the sentencing judge. Thus, the Board was required to obtain and consider those minutes prior to making its determination (see Executive Law 259-i; Matter of Edwards v. Travis, 304 AD2d 576, 758 N.Y.S.2d 121 [2003]; Matter of Boudin v. Travis, 6 Misc 3d 1005[A], 800 N.Y.S.2d 343, 2003 NY Slip Op 51741[U] ; see also Matter of Weinstein v. Dennison, 7 Misc 3d 1009[A], 801 N.Y.S.2d 244, 2005 NY Slip Op 50518[U] [2005]). The McLaurin Court also took notice of CPL 380.70, stating that "the statute mandates that a certified copy of sentencing minutes be delivered to the person in charge of the institution to which the defendant has been delivered' (CPL 380.70) presumably to be placed in the inmate's permanent file so as to be available for, inter alia, parole hearings."