MEMORANDUM DECISION AND ORDER
*1 Petitioner, who is presently an inmate at Shawangunk Correctional Facility, is challenging the New York State Board of Parole’s determination denying him parole release. Petitioner commenced this proceeding pursuant to CPLR Article 78 requesting that the Court reverse and set aside Respondent’s determination of September 27, 2016. Petitioner argues that in rendering its decision the Board failed to consider the significance of Petitioner’s youth at the time of the commission of the crime for-which he is being held. Petitioner was convicted, following a plea, of murder in the second degree and sentenced on August 10, 1999, to a term of imprisonment of eighteen years to life. Petitioner’s arrest and subsequent conviction stemmed from an incident whereby Petitioner stabbed a man who was purchasing drugs from him. At the time of the offense, Petitioner was seventeen years old.Following a September 27, 2016, Parole Board appearance, the Board denied Petitioner parole. The Board decision reads as follows:“Denied-hold for 24 months, next appearance date: 09/2018. After a review of the record, interview, and deliberation, the panel has determined that your release would be incompatible with the welfare and safety of society and would so deprecate the serious nature of the crime as to undermine respect for the law. Parole is denied. Required statutory factors have been considered, together with your institutional adjustment including discipline and program participation, your risk and needs assessment, and your needs for successful re-entry into the community. More compelling, however, are the following: your serious instant offense of murder 2nd degree which involved you causing the death of the victim by stabbing him multiple times with a knife. You stated during the interview that the cause of this was a dispute over drugs and that you were selling drugs at the time. The records reflect and you agreed that you had contacts with the legal system in Tennessee as a juvenile and, unfortunately, your move to NY did not change your negative behavior. As a result of you engaging in illegal activity of selling drugs you put yourself in a position that lead to the victim’s death. The panel notes your positive programming to date. Also noted, and discussed, is your very poor disciplinary record which demonstrates both violent conduct and drugs and considered together with the instant offense is a concern to this panel. You need to work harder on staying ticket free and continue programs that will benefit you. Therefore, based on all required factors and file considered,
