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Bendy v. New Jersey State Parole Board

June 3, 2008

MARK BENDY, SR., APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.



On appeal from the State Parole Board, Indictment No. 04-06-1101.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: March 31, 2008

Before Judges Collester and C.L. Miniman.

Appellant Mark Bendy, Sr., was denied parole by a two- member Board Panel on November 6, 2006, and at administrative review on February 7, 2007, the full Board affirmed the denial of parole. Appellant was given a future eligibility date of fourteen months from his January 20, 2007, initial parole eligibility date, which made him again eligible for parole on March 20, 2008, eleven days before this matter was listed on the calendar for submission to this panel.

At the time the State filed its brief in this matter, appellant was incarcerated at Hope House, a residential community release program in Camden. He had been found guilty of violating his probation in 2006. On June 9, 2006, a sentence of four years was imposed, which would expire on March 9, 2010, with credit for time served.

Appellant raises the following issues for our consideration:

1. I am being repunished and prejudiced for a 25 year old conviction.

2. I was not credited with my knowledge and insight concerning my behavior.

3. I was intimidated and scrutinized for a 25 year old conviction.

4. There was no consideration concerning my abusive childhood.

5. I was assumed guilty on charges that were never tried even though many of the complaints were fabricated against me.

6. I was not credited with taking responsibility for my behavior, even after demonstrating insight.

7. The panel refused to accept the fact that citizen complaints are extremely easy to fabricate, thereby ...


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