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MATTER OF RIVERA v. SMITH

63 N.Y.2d 501 (1984)

In the Matter of Edwin Rivera, Respondent, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 27, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin A. Hotvet and Peter H. Schiff of counsel), for appellants.

Norman P. Effman and Leigh E. Anderson for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER and SIMONS concur with Judge JONES; Judge KAYE concurs in result in a separate opinion.

JONES, J.

Under the Constitution and statutes of the State of New York, it would have been a violation of the right of a Muslim inmate to free exercise of his religious beliefs, in the limited circumstances of this case, for him to have been subjected to a random pat frisk performed by a correction officer of the opposite sex. This intrusion on the prisoner's religious...

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