Legal Opinion
Richards v. Cuomo
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 2011PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Petitioner, an inmate, was previously convicted of, among other things, robbery in the first degree (People v Richards, 118 AD2d 604 [1986], lv denied 67 NY2d 1056 [1986]) pursuant to a statutory provision he claims is unconstitutional. As relevant herein, petitioner attempted to commence this CPLR article 78 proceeding seeking a writ of prohibition solely against respondent, the Attorney General, so as to, among other things, bar the “unconstitutional policy and custom of applying the scope, sweep and range of the . . . statute.” Supreme Court declined to issue an order to show cause and…
2Cases cited5 opinions
- Haggerty v. HimeleinNew York Court of Appeals · 1997
- Andrew F. Capoccia, L. L. C. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2000
- People v. RichardsAppellate Division of the Supreme Court of the State of New York · 1986
- Pettus v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2010
- Escalera v. StateAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
- Matter of Roesch v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Koziol v. HoodAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Carnright v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2018