Legal Opinion

People Ex Rel. Joseph II v. Superintendent of Southport Correctional Facility

New York Court of Appeals

Decided June 15, 2010No. 95, 96PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

Article 10 of the Mental Hygiene Law, enacted in 2007, provides that certain imprisoned sex offenders may be transferred to mental hospitals, rather than being released, when their prison terms expire. The statute raises important questions concerning the procedural and substantive rights of the prisoners to whom it applies, but those questions are not before us in this case. We have here the narrower issue of whether the statute applies to a particular class of prisoners: those who were incarcerated for violating the conditions of a term of postrelease…

2Cases cited7 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. People v. SparberNew York Court of Appeals · 2008
  3. Garner v. CORRECTIONAL SERVS.New York Court of Appeals · 2008
  4. State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006
  5. State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2007

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3Cited by29 opinions

  1. State of New York v. RashidNew York Court of Appeals · 2010
  2. State v. Andre L.Appellate Division of the Supreme Court of the State of New York · 2011
  3. State v. Daniel OO.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of State of New York v. Abdul A.Appellate Division of the Supreme Court of the State of New York · 2014
  5. State v. MatterAppellate Division of the Supreme Court of the State of New York · 2010

24 more not listed; retrieve them via the Exa API.

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