Legal Opinion

Matter of Rodriguez v. Heywood

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

Decided October 26, 2017No. 523038Published

1Opinion of the CourtPritzker, J.

Appeal from a judgment of the Supreme Court (Hard, J.), entered April 25, 2016 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to, among other things, partially expunge petitioner’s prison disciplinary record.

In March 1999, petitioner was convicted, upon a jury verdict, of murder in the second degree for stabbing a fellow inmate while serving time at Sing Sing Correctional Facility (People v Rodriguez, 33 AD3d 730, 730 [2006], lv denied 9 NY3d 850 [2007]). In conjunction therewith, petitioner was charged in a misbehavior report with…

2Cases cited7 opinions

  1. MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
  2. Blake v. MannNew York Court of Appeals · 1989
  3. Hop Wah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1990
  4. Brown v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Sierra v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016

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