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Lin v. Standford
New York Supreme Court
63 Misc. 3d 1208(A) (Unreported Disposition) (2019)
Facts
Danny Lin (defendant), while driving 60 miles per hour in a 25 mile-per-hour zone, struck and killed a pedestrian. A jury found Lin guilty of second-degree manslaughter. The sentencing judge noted Lin’s lack of criminal record, but that despite knowing the dangers, Lin loved fast driving and modified his car to allow for increased speeds. In October 2016, Lin was sentenced to up to five years’ incarceration. In February 2018, Lin was denied parole release. In its denial, the parole board noted Lin’s good conduct but believed it reasonably probable that Lin would reoffend and that his release was a safety risk to the community. The board cited Lin’s crime and the reckless behavior that placed others at grave risk. Lin appealed, and the denial was affirmed. Lin filed an Article 78 petition challenging the denial of parole release, arguing that the parole board failed to consider the enumerated statutory factors. Specifically, that the parole board wrongly fixated on the seriousness of the crime and failed to appreciate that Lin had taken full responsibility for his actions and that the victim’s intoxication was an independent factor in the accident.
Rule of Law
Issue
Holding and Reasoning (Feldstein, J.)
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