MATTER OF RODRIGUEZ v. FISCHER

512949.

95 A.D.3d 1570 (2012)

944 N.Y.S.2d 804

2012 NY Slip Op 4047

In the Matter of CARLOS RODRIGUEZ, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.


In November 1997, while incarcerated upon an earlier conviction of manslaughter in the first degree, petitioner repeatedly stabbed another inmate in response to an aggressive sexual advance, causing the inmate's death. Although petitioner was originally convicted of depraved indifference murder in the second degree for this crime, that conviction was later reduced to the lesser included offense of manslaughter in the second degree (People v Rodriguez,

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