People ex rel. E.S. v. Superintendent, Livingston Corr. Facility

2 Citing cases

  1. People ex rel. E.S. v. Superintendent, Livingston Corr. Facility

    2023 N.Y. Slip Op. 3298 (N.Y. 2023)   Cited 2 times

    The Appellate Division reversed, with two Justices dissenting (193 A.D.3d 57 [4th Dept 2021]) . The Court held that while the statutory language at issue appeared to cover youthful offenders, nothing in SARA's legislative history indicated an intent to impose the school grounds condition on youthful offenders.

  2. People v. Superintendent

    40 N.Y.3d 230 (N.Y. 2023)

    Supreme Court denied the petition and dismissed the proceeding, holding that section 259–c (14), by its plain language, applied to any individual "serving a sentence" for an enumerated offense, including a youthful offender. The Appellate Division reversed, with two Justices dissenting ( 193 A.D.3d 57, 141 N.Y.S.3d 197 [4th Dept. 2021] ). The Court held that while the statutory language at issue appeared to cover youthful offenders, nothing in SARA's legislative history indicated an intent to impose the school grounds condition on youthful offenders.