Legal Opinion · Concurrence
Mitchell v. Borakove
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1996Published
1ConcurrenceTom, J.
In the underlying CPLR article 78 proceeding petitioner sought, pursuant to the Freedom of Information Law (Public Officers Law § 84 et seq. [FOIL]), to obtain from the Chief Medical Examiner, autopsy records of the individual whom petitioner was convicted of murdering.
On March 31, 1977, petitioner James Mitchell, also known as Wamel Allah, was convicted, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree and was sentenced to a term of imprisonment of from 25 years to life. Petitioner is presently serving his term of sentence. The…
2Cases cited19 opinions
- In re PadillaNew York Court of Appeals · 1986
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- People v. CookNew York Court of Appeals · 1974
- City of New York v. Village of LawrenceNew York Court of Appeals · 1929
- Matter of Mooney v. CohenNew York Court of Appeals · 1936
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