New York Law Review

Tag: Russo v. New York State Board of Parole

  • Russo v. New York State Board of Parole, 50 N.Y.2d 69 (1980): Parole Board Authority to Set Minimum Incarceration Period

    Russo v. New York State Board of Parole, 50 N.Y.2d 69 (1980)

    When a sentencing court fixes a maximum but no minimum sentence, the Parole Board may set a minimum period of incarceration (MPI) exceeding one-third of the maximum, even if the sentencing court could not have done so, without violating the defendant’s due process rights.

    Summary

    Russo was convicted of criminal solicitation and sentenced to a maximum of four years without a minimum period of incarceration (MPI). The Parole Board set his MPI at four years, deviating from its guidelines, citing the severity of the crime. Russo challenged this, arguing it conflicted with legislative intent and violated his due process right to parole consideration. The court held that the Parole Board’s decision was permissible because New York law does not guarantee parole at any specific time and the board followed established guidelines. The court emphasized the Parole Board’s broad discretion, structured by guidelines, in fixing minimum sentences. The decision reinforces the Parole Board’s authority and the discretionary nature of parole in New York.

    Facts

    Russo was initially charged with conspiracy for offering money to have his father-in-law murdered. After his conspiracy conviction was reversed, he was convicted of criminal solicitation in the first degree. The sentencing court imposed a maximum sentence of four years but did not set a minimum period of incarceration (MPI). The Parole Board convened to set Russo’s MPI. The board initially considered placing Russo’s crime at offense severity level two under its guidelines, but then set the MPI at four years, explaining that the solicitation of a homicide warranted such a term.

    Procedural History

    Russo filed an Article 78 proceeding challenging the Parole Board’s determination. Special Term granted the petition, finding the board’s placement of the offense too high and holding that the board could not set an MPI exceeding one-third of his maximum sentence. The Appellate Division affirmed, suggesting that sentencing judges expect parole consideration at or before the one-third point when they don’t impose an MPI. The New York Court of Appeals reversed the Appellate Division’s order, reinstating the Parole Board’s determination.

    Issue(s)

    Whether the Parole Board, when a sentencing court fixes a maximum but no minimum sentence, may set a minimum period of incarceration (MPI) exceeding one-third of the maximum sentence, even though the sentencing court could not have done so. Whether a sentenced defendant has a cognizable liberty interest in the right to seek parole, such that a minimum sentence exceeding what a court could have fixed violates due process.

    Holding

    Yes, the Parole Board may impose an MPI exceeding what a Judge could have fixed, because New York law does not guarantee parole at any specific time. No, a defendant does not have a liberty interest in parole consideration such that the board’s MPI determination violated due process, because the New York statute promises only that guidelines shall be established and followed unless reasons are given for not following them.

    Court’s Reasoning

    The Court of Appeals reasoned that while a State sentencing scheme can create a legitimate expectation of early release, thus creating a liberty interest, New York’s provisions do not provide such a guarantee. The court referenced Greenholtz v. Nebraska Penal Inmates, noting that there’s a difference between losing something one has and not getting something one wants. The Court emphasized that the legislative intent behind the 1977 amendments to the Executive Law was to broaden the Parole Board’s discretion, structuring it through guidelines, but not limiting its power. The Court quoted Governor Carey’s statement that the law removed “needless statutory restraints” on the Board’s power. The Court stated that, “[w]hat the New York statute promises, simply put, is that guidelines shall be established and followed unless reasons are given for not following them. That guidelines are provided does not mean they cannot be deviated from or create an entitlement to release at any particular time; the system is thus discretionary and holds out no more than the possibility of parole.” The court rejected the argument that the sentencing judge’s refraining from imposing an MPI created an expectation of parole before one-third of the sentence, citing United States v. Addonizio: “the judge has no enforceable expectations with respect to the actual release of a sentenced defendant short of his statutory term.” The court concluded that the board acted within its discretion, noting, “[i]n light of the board’s expertise and the fact that responsibility for a difficult and complex function has been committed to it, there would have to be a showing of irrationality bordering on impropriety before intervention would be warranted.”