Judge Spain, dissenting on the reversal of parole:
At the parole hearing, the Board considered all relevant factors including petitioner's institutional record, which reflected his exemplary educational and program accomplishments, his solid release plans and the seriousness of his offense (see Executive Law § 259-i). Also considered were an opposition letter from the [*4]New York City Police Commissioner and petitioner's extensive 1980 presentence report, which reflects that Guttenberg's widow, the mother of his four children, was interviewed by the Probation Department and expressed the grief and torment of his surviving family members (see CPL 390.30 ). The Board's decision to grant discretionary release reflected its determination that petitioner "will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society and will not so deprecate the seriousness of his crime as to undermine respect for law" (Executive Law § 259-i  [c] [A]).
Finally, those who oppose petitioner's parole release openly advocate the recurring position that an inmate convicted for the death of a law enforcement officer — even a nonshooter convicted of felony murder, as here — should never be released on parole. It bears emphasis that this was not and is not the law.
Costello v New York