Split Panel Upholds Parole Denial for Exemplary Inmate

, New York Law Journal


A State prison inmate with an extraordinary record of institutional achievement and a network of supporters ranging from top corrections officials to the prosecutor who put him away in the early 1980s will remain behind bars after a deeply divided upstate appellate panel embraced a hands-off approach to parole reviews.

What's being said


    Without the Parole Board having Judicial oversight, there will be a shift where plea deals will only be made for determinate sentences and the decision taken out of the Parole Boards hands. Thus a 8-25 yr sentence will be pled to 12 yrs. It will cause a shift on the bench where the Judges are entrusted to sentence defendants to what they deem is fair not to be changed to what the Parole Board thinks is fair.

  • Five Mualimmak

    Hamilton was 20 years old in 1982 and had a clean record when he and two friends decided to pull off a robbery. They did not know that their victim, James Carragher of Brooklyn, was an armed, off-duty police officer.
    Records show that Carragher, when confronted, tossed his wallet toward the robbers, and then pulled his service weapon when one of them attempted to pick it up. Gunfire was exchanged between Carragher and one of the muggers. Carragher was killed and Hamilton, the "lookout" man, was wounded.
    Hamilton refused to cooperate with authorities and was the only one of the three robbers charged with the crime. He was convicted of felony murder and sentenced by now-retired Justice Alain Bourgeois to an 18-years-to-life term.
    Since then, Hamilton has earned bachelor‘s and master‘s degrees, worked as an adjunct instructor and academic assistant through Nyack College and completed virtually every rehabilitative program offered to him. if this system is designed to give time for rehabilitation and someone shows change , why continue to hold them and punish them beyond their served time

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