Legal Opinion · Dissent

People ex rel. Finlay v. Gideon

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

Decided June 19, 2015Published

1DissentCentra, J.

The People and respondent appeal from a judgment granting a petition for a writ of habeas corpus and ordering that petitioner is “discharged of all restraints imposed upon his liberty by” a temporary order of protection issued by respondent. Respondent issued the temporary order of protection after petitioner was arrested because of his participation in a demonstration at a New York Air National Guard Base (base). The temporary order of protection required petitioner to, inter alia, stay away from the home and workplace of the installation commander of the base.

I agree with the majority, as…

2Cases cited3 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. People Ex Rel. Murray v. BartlettNew York Court of Appeals · 1997
  3. People ex rel. McBride v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2008

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