Legal Opinion · Dissent

In re Oswald N.

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

Decided October 17, 1994Published

1Dissent

Miller, J., dissents and votes to affirm, with the following memorandum, with which Hart, J., concurs.

I do not agree with the majority’s interpretation of CPL 330.20 (1) (o). While the language of this provision is subject to different interpretations, its purpose is clear. I find that the statutory construction most consonant with overriding legislative intent, the construction that is most internally consistent with other provisions of the statute and with the overall statutory scheme, directs that an order of conditions may be extended for additional five-year periods, so long as good…

2Cases cited13 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Baxstrom v. HeroldSupreme Court of the United States · 1966
  3. Jones v. United StatesSupreme Court of the United States · 1983
  4. People v. EscobarNew York Court of Appeals · 1984
  5. Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979

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