Ward v. Goord

Appeal from a judgment of the Supreme Court (Cobb, J.), entered June 22, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to state a cause of action.

In 1964, petitioner was convicted of murder in the second degree and sentenced to an indeterminate term of 40 years to life in prison. The sentence was later modified by operation of law to a prison term of SVs years to life. Thereafter, while on parole in 1990, petitioner was arrested and charged with two counts of sodomy in the first degree. Petitioner ultimately pleaded guilty to the…