IN RE JOSEPH MARTINEZ

Ordered that the judgment is affirmed, without costs or disbursements.

A parole determination may be set aside only when the determination to deny the petitioner release on parole evinced `irrationality bordering on impropriety' ( Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77; see Matter of Silmon v Travis, 95 NY2d 470, 476). The burden is on the petitioner to make a convincing demonstration of entitlement to such relief ( see Matter of Midgette v New York State Div. of Parole, 70 AD3d 1039, 1040; see Matter of Samuel v Alexander, 69 AD3d 861). The petitioner failed to meet his burden in this case.

The petitioner's remaining contentions are without merit.