New York’s top court will consider the appeal of man who says he was improperly denied parole after doing time for murder as an accomplice in the fatal shooting of a police officer during a 1978 Brooklyn robbery.

The Court of Appeals has agreed without comment to hear the case of 57-year-old Pablo Costello.

He has spent 35 years in prison, the last four after the Parole Board reversed itself after taking victim statements in response to a tabloid newspaper outcry that it hadn’t received or considered them.

Defense attorney Alfred O’Connor says Costello, then 22, had already fled the auto supply store when Luis Torres fatally shot 49-year-old David Guttenberg.

The New York City Patrolmen’s Benevolent Association says convicted cop killers should never be released.

(AP)