The People of the State of New York ex rel. Dominic Larocco, Petitioner, v. Warden et al., Respondents

The determination that petitioner violated his parole by stalking and harassing the 17-year-old victim was supported by substantial evidence (see generally People ex rel. Vega v Smith, 66 NY2d 130, 139 [1985]). The hearing testimony established that the victim was frightened, annoyed and alarmed by petitioner’s repeated conduct over a period of months, and petitioner’s intent could be inferred from the surrounding circumstances (see Matter of Reiss v Reiss, 221 AD2d 280 [1995], lv denied 89 NY2d 801 [1996]). Respondent’s decision to impose a 24-month time assessment rather than accept the administrative law judge’s (AU) recommendation of an 18-month assessment was a provident exercise of discretion. The recommendation of the ALJ is advisory and not binding on respondent (see People ex rel. Coleman v Smith, 75 AD2d 706, 707 [1980], lv denied 50 NY2d 804 [1980]). Concur — Gonzalez, PJ., Catterson, Richter, Abdus-Salaam and Román, JJ.