MATTER OF MOTTSHAW v. JOY


307 A.D.2d 492 (2003)

761 N.Y.S.2d 882

In the Matter of DAVID MOTTSHAW, Appellant, v. DEBRA JOY, as Director of Temporary Release Programs of the New York State Department of Correctional Services, et al., Respondents.

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

Decided July 10, 2003.


Petitioner pleaded guilty to the crime of attempted burglary in the second degree and is currently serving a determinate prison sentence of three years. His conviction arose out of an incident wherein he violated a court order of protection by breaking into the residence of his former spouse and children. He then menaced his mother-in-law and engaged in a 3½-hour standoff with police during which he threatened to blow up the house. Petitioner's request for participation...

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