In Matter of Marcus v. Alexander , Daniel Marcus challenged the Board of Parole 's refusal to release him.
In 1990, after shooting his victim at point-blank range in the back of the head, Marcus pled guilty to a "murder for hire" and was convicted of second degree murder and sentenced to fifteen years to life in prison. In 2006, the Board of Parole (BOP) based its denial of Marcus's 2006 parole request on the violent nature of the underlying criminal conduct.
After his administrative appeal was also denied, Marcus filed suit with the Albany County Supreme Court which found no irregularity with BOP 's decision to deny his release. An appeal to the Appellate Division, Third Department, followed.
While it appeared to have placed greater weight on the violence and brutality of his conduct than on the other statutory factors, BOP wasn't required to weigh each factor equally, nor was it required to explicitly articulate the weight it accorded to each element. Consequently, without "irrationality bordering on impropriety," the AD3 refused to disturb the outcome.
In other words, there are few ways to avoid getting BOP ped.
To download a copy of the Appellate Division's decision, please use this link: Matter of Marcus v. Alexander