APPELLANT'S BRIEF

STATE OF NEW YORK BOARD OF PAROLE
In the Matter of the Application of

ANTHONY BOTTOM

77 A4283, Auburn Correctional Facility

APPELLANT'S BRIEF

STATEMENT OF FACTS


Appellant, Anthony Bottom, 77A4283, was sentenced to 25 years to life for homicide. Appellant appeared before NYS Board of Parole for his initial parole release consideration on July 30, 2002. Appellant was denied release and was ordered held 24 months to meet the July 27, 2004 parole board. On July 27, 2004, Appellant was again interviewed by the parole board, and was subsequently denied release and was ordered held 24 months to meet the July 2006 parole board. The substantive reasons for both 2002 and 2004 denials were essentially the same, for the nature of the crime and criminal history. On August 1, 2006, Appellant for the 3rd time was interviewed by the parole board for release consideration, and again denied and was ordered held 24 months to meet the July 2008 parole board. The foregoing is an appeal to the August 1, 2006, decision denying Appellant release on parole.

ARGUMENT
NYS Division of Parole Violated
Executive Law §259i(2)(c)(a) By The
Misapplication of the Law in Denying
Appellant Discretionary Release on Parole.


In determining whether to release Appellant on parole, the parole board members are required to consider and adhere too the legislative mandated guidelines pursuant to Executive Law §259i(2) (c) (a), which states specifically:

"(I) The institutional record including program goals and accomplishments, academic achievements, vocational education, training or work assignments, therapy and interpersonal relationships with staff and inmates;
(II) Performance, if any, as a participant in a temporary release program;
(III) Release plans including community resources, employment, education and training and support services available to the inmate;

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