The obligation of an applicant for parole to disclose all the facts of her case versus the parole board’s responsibility to dig up relevant information on its own prompted a lively debate March 27 before an appellate court in a case where the court has been asked to decide if the board can "rescind" an already-granted release.
In Matter of Leonor, 401034/12, five justices of the Appellate Division, First Department, and attorneys for the applicant and state debated whether the board should have known the facts of a crime that occurred 20 years ago, whether the offender should have been clearer about her role in the crime and whether the panel had the authority to rescind parole based on alleged "facts" belatedly brought forth by advocates for the victim.
