Legal Opinion

Brown v. McGinnis

New York Court of Appeals

Decided January 25, 1962PublishedCited by 46 opinions

1Opinion of the CourtFroessel, J.

Petitioner Brown, an inmate of Green Haven Prison, instituted an article 78 proceeding in the nature of mandamus to compel respondent, the Commissioner of Correction of the State of New York, to permit petitioner free exercise of his religion. Special Term dismissed his petition without a hearing, and the Appellate Division unanimously affirmed. Similar petitions from a number of other inmates seeking the same relief were likewise disposed of.

More specifically, petitioner alleged in his verified petition that he “is of the Islamic faith by religious choice and profession and seeks spiritual…

2Cases cited3 opinions

  1. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  2. Price v. JohnstonSupreme Court of the United States · 1948
  3. People v. SandstromNew York Court of Appeals · 1939

3Cited by46 opinions

  1. Lawrence William Wright v. Daniel McMann as Warden of Clinton State PrisonCourt of Appeals for the Second Circuit · 1967
  2. La Rocca v. LaneNew York Court of Appeals · 1975
  3. Herman Jackson, Jr. v. James B. Godwin, Etc.Court of Appeals for the Fifth Circuit · 1968
  4. Yonkers Racing Corp. v. City of YonkersCourt of Appeals for the Second Circuit · 1988
  5. Rivera v. SmithNew York Court of Appeals · 1984

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