Appellate Division of the Supreme Court of the State of New York January 14, 2010 (Perez v. Alexander)

In February 2000, petitioner was sentenced to an aggregate *1196prison term of 5V2 to 11 years for his convictions of the crimes of criminal sale of a controlled substance in the third degree and attempted conspiracy in the second degree. Following a determination of the Board of Parole in August 2007 denying his request for parole release, petitioner commenced this CPLR article 78 proceeding.