Isseks said that despite anecdotal evidence that some inmates are being granted parole after proper consideration by parole boards, other inmates continue to be denied parole based solely on the nature of their offense.

"It appears to be a random sort of thing," Isseks said. "Some people get released, some people don't."

He said the lawsuit is still relevant.

Despite Spitzer's election, Pataki nominees continue to dominate the 19-member parole board. Members are appointed to six-year terms and Spitzer appointees are not likely to gain a majority during this term. Two slots are currently vacant.

Still, Friedgood's release suggests the administration in Albany can affect parole decisions. Friedgood, convicted of killing his wife in 1976, was denied parole for a fifth time in October. The three-member board said there was a good chance he would break the law again.

Within weeks, parole officials ordered a do-over, citing the pending lawsuit, which included Friedgood as a co-plaintiff. A board consisting of three new members conducted a separate interview of Friedgood and granted him release on a 2-1 vote.

The initial three-member board that denied Friedgood parole included two Spitzer appointees. The second board that released him consisted entirely of Pataki appointees.