Legal Opinion

Hawes v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided July 31, 2014PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered September 26, 2013 in Albany County, which, in a *1305proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner is currently serving an aggregate prison term of 20 years to life upon his conviction of three counts of murder in the second degree and one count of rape in the first degree. During his incarceration, petitioner participated in the sex offender counseling and treatment program (hereinafter SOCTP). He was removed from the program due to, among other things, his general poor…

2Cases cited5 opinions

  1. Torres v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Martin v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  3. Abreu v. HoganAppellate Division of the Supreme Court of the State of New York · 2012
  4. Wakefield v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Horowitz v. FischerAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by4 opinions

  1. Matter of Beaubrun v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Mascorro v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
  3. Smith v. Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Rodriguez v. Smith-RobertsAppellate Division of the Supreme Court of the State of New York · 2020

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