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Parole Reinstated After Improperly Rescinded

Parole Reinstated After Improperly Rescinded

On June 26, 2014, the New York Superior Court issued a one-page decision reinstating the parole and release of Pablo Costello, ruling that the New York State Board of Parole ("Board") had improperly rescinded it.

Prisoner Pablo Costello's first trip to the Board resulted in a decision to grant his parole release. However, after realizing that they did not consider the victim impact statement as required by New York law, the Board rescinded its decision and denied Costello's parole.

Costello then appealed the second decision to the Appellate Division, but the lower court affirmed the Board.

Costello then appealed again to the New York Superior Court, who ruled unanimously that Costello's parole must be reinstated.

The Superior Court held that even though the rescission proceedings were "properly initiated," Costello's parole must still be reinstated "under the particular circumstances of this case." The court did not elaborate on what those circumstances were.

The Superior Court, though, did emphasize thattheir decision should not be interpreted to minimize the importance of victim impact statements, but urged parole boards and district attorneys to comply with the law in the first place so that the "effect of a crime…can be considered fully before a decision is made."

Costello was represented on appeal by Alfred O'Connor. See: Matter of Costello v. New York State Bd. of Parole, 23 N.Y.3d 1002 (N.Y. 2014).

Related legal case

Matter of Costello v. New York State Bd. of Parole