MATTER OF WRIGHT v. Travis
| Decision Date | 12 September 2002 |
| Citation | 746 N.Y.S.2d 850,297 A.D.2d 842 |
| Parties | In the Matter of RAYMOND WRIGHT, Appellant,<BR>v.<BR>BRION D. TRAVIS, as Chair of the Division of Parole, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Petitioner challenges his continued incarceration beyond his conditional release date on the ground that the condition imposed by the Division of Parole, requiring him to reside in an approved residence upon his release, was not met. Contrary to petitioner's assertions, it lies within the discretion of the Division of Parole to impose special conditions that must be satisfied prior to release (see Executive Law § 259-c [2]; § 259-g [2]; 9 NYCRR 8003.2 [l]; 8003.3; see also Matter of M.G. v Travis, 236 AD2d 163, 167, lv denied 91 NY2d 814). In view of petitioner's lengthy criminal history and his status as a convicted sex offender arising out of his violent attack upon a woman, perpetrated at a time when he was on parole release from a previous conviction, the condition requiring him to live in an approved residence was rational (see People ex rel. Wilson v Keane, 267 AD2d 686, appeal dismissed 95 NY2d 824).
Ordered that the judgment is affirmed, without costs.
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... ... children, from sex offenders determined to pose the most ... risk" ( Matter of Alvarez v Annucci , 38 N.Y.3d ... 974, 976 [2022]), Executive Law § 259-c (14) imposed a ... afoul of the Ex Post Facto Clause" ( Kellogg v ... Travis , 100 N.Y.2d 407, 410 [2003]) ... To ... determine whether a statute violates ... of Parole, ... Chair , 18 A.D.3d 1085, 1086 [3d Dept 2005]; Matter ... of Wright v Travis , 297 A.D.2d 842, 842 [3d Dept ... [ 5 ] This fact is particularly pertinent with ... ...
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