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Dobranski v. Bradt

United States District Court, Second Circuit

December 3, 2013

BERNARD J. DOBRANSKI, Petitioner,
v.
MARK L. BRADT, SUPERINTENDENT ATTICA CORRECTIONAL FACILITY Respondent.

DECISION AND ORDER

MICHAEL A. TELESCA, District Judge.

I. Introduction

Pro se Petitioner Bernard J. Dobranski ("Petitioner") has timely filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254[1] challenging the constitutionality of the administrative decision made by the New York State Division of Parole denying him parole.

For the reasons that follow, habeas relief is denied and the petition is dismissed.

II. Factual Background and Procedural History

A. Conviction, Sentence, and Denial of Parole

On October 24, 1980, Petitioner was convicted in New York State, County Court, Chemung County, upon a jury verdict, of Attempted Murder in the First Degree (Penal Law §§ 110.00, 125.27), and sentenced to twenty years to life imprisonment. See Resp't Ex. A (Commitment to State Dept. of Corr. Services); Resp't Ex. F (People's Answer to Article 78 Petition) attaching Ex. H (Sentencing Mins. of 10/24/1980).

On November 3, 2009, following Petitioner's sixth application for parole, a panel of the Division of Parole ("Parole Board") held a hearing at which Petitioner was interviewed. See Resp't Ex. B (Parole Trans. of 11/03/2009 hearing). On November 9, 2009, the Parole Board issued a decision denying parole and ordering a 24-month hold. See id. at 8-9; Resp't Ex. C (Parole Board Decision of 11/09/2009). Specifically, the Parole Board found as follows:

[a]fter a careful review of your record, your personal interview and due deliberation, it is the determination of this Panel that, if released at this time, there is a reasonable probability that you would not live at liberty without violating the laws.
Your release at this time is incompatible with the welfare and safety of the community, and will so deprecate the seriousness of this crime as to undermine respect for the law.

Id.

The Parole Board found further that:

This decision is based upon the following factors: you stand convicted of an instant offense of attempted murder in the first degree; wherein, you got in a scuffle with a deputy sheriff, wherein, your gun went off and you hit the deputy. Prior to this offense, you intended to commit a robbery.
These crimes show a tendency toward violence and your willingness to put your own needs before those of society. Prior to the instance offense you ...

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