Although George Cruz was an exemplary inmate and a "prime candidate" for parole, the New York State Board of Parole opted to deny release due to the nature of Cruz's crimes.
In 1991, after drinking alcohol and smoking marijuana, Cruz shot and killed a man when he was only 17 years of age. Although he claimed to have unknowingly perpetrated the crime, Cruz eventually pled guilty to first degree manslaughter and criminal possession of a weapon in the third degree and was sentenced to terms of 8 to 24 years, and 2 to 6 years, respectively.
When he was denied parole, Cruz filed an Article 78 proceeding with the Albany County Supreme Court, which dismissed his case. Despite the impressive nature of his accomplishments (which included earning 45 college credits) while in prison, the Appellate Division, Third Department, concluded that it was constrained to affirm the dismissal.
A Parole Board's decision is unassailable unless found to be so irrational that it borders on "impropriety." And, while its decision must premised upon statutory factors, which include the crime's severity, these considerations can be accorded as much (or as little) weight as the Board's members may deem appropriate under the circumstances.
For a copy of the Appellate Division's decision, please use this link: Matter of Cruz v. New York State Division of Parole