Matter of Mills v. Towns

── Matter of Mills v. Towns ── Court: Appellate Division of the Supreme Court of the State of New York Date: May 21, 2026 Category: General <div>Matter of Mills v Towns - 2026 NY Slip Op 03211 <div> skip to main content </div> <div> <p>It appears you are using Adblock. Please disable Adblock to best experience our website.</p> </div> <div> <header> <div> <img src="/reporter/images/nys-logo-white.svg" alt=""> </div> <div> <span title="Law Reporting Bureau Home Page">Law Reporting <br>Bureau <span></span></span> <span>Thomas J.K. Smith, State Reporter</span> <nav> Court Decisions Resources About </nav> </div> <div> <img src="/reporter/images/lrb-seal.png" alt=""> </div> </header> </div> <nav> <ol> <li>Home</li> <li>All Court Decisions</li> <li>Decisions</li> </ol> </nav> <div> <div> <h1>Matter of Mills v Towns</h1> <p>2026 NY Slip Op 03211</p> <p>May 21, 2026</p> <p>Appellate Division, Third Department</p> <p>Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.</p> <p>This decision is uncorrected and subject to revision before publication in the Official Reports.</p> </div> <div> <p>In the Matter of Richard Mills, Appellant,</p> <p>v</p> <p>Darryl C. Towns, as Chair of the Board of Parole, et al., Respondents.</p> </div> <p>Decided and Entered:May 21, 2026</p> <p>CV-25-0763</p> <p>Calendar Date: April 23, 2026</p> <p>Before: Clark, J.P., Aarons, Pritzker, Mcshan And Ryba, JJ.</p> <div> <p>Richard Mills, Attica, appellant pro se.</p> <p>Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondents.</p> </div> <span>[*1]</span> <p>Clark, J.P.</p> <p>Appeal from a judgment of the Supreme Court (Sharon Graff, J.), entered April 10, 2025 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR articles 70 and 78, to, among other things, review a determination of the Board of Parole denying petitioner's request for parole release.</p> <p>The facts underlying petitioner's crimes, subsequent convictions and a prior appearance before the Board of Parole are more fully set out in a previous decision of this Court (<i>Matter of Mills v New York State Bd. of Parole</i>, 224 AD3d 1025 [3d Dept 2024], <i>lv dismissed &amp; denied</i> 41 NY3d 1015 [2024]). In 2001, after petitioner fired a rifle in the direction of a police officer, he waived indictment and pleaded guilty pursuant to a superior court information (hereinafter SCI) charging him with attempted murder in the second degree and criminal possession of marihuana in the second degree, and he was sentenced to concurrent prison terms of 10 years, to be followed by five years of postrelease supervision. Subsequently, the judgment was vacated, the SCI was dismissed and the waiver of indictment was vacated, with leave to re-present the charges to a grand jury. Thereafter, petitioner was charged in an indictment with various crimes related to the 2001 incident. Following a trial, petitioner was convicted of attempted murder in the first degree, attempted assault in the first degree, reckless endangerment in the first degree, two counts of criminal possession of a weapon in the third degree and criminal possession of marihuana in the third degree. In 2004, County Court (Noonan, J.) sentenced petitioner to a prison term of 20 years to life for the attempted murder in the first degree conviction, to run concurrently with lesser sentences on the remaining convictions, with those sentences to run consecutively to one another (<i>see People v Mills</i>, 28 AD3d 1156, 1157 [4th Dept 2006], <i>lv dismissed</i> 6 NY3d 896 [2006], <i>lv denied</i> 7 NY3d 903 [2006]).</p> <p>In 2011, petitioner was resentenced on his conviction for attempted assault in the first degree because County Court did not impose a period of postrelease supervision during the 2004 sentencing. Petitioner was resentenced, on