MATTER OF GIVEN, JR. v. GOORD


51 A.D.3d 1343 (2008)

859 N.Y.S.2d 263

In the Matter of THEODORE F. GIVEN, JR., Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided May 29, 2008.


Petitioner is currently serving a prison sentence of 12½ to 25 years upon his conviction of rape in the first degree and is required to participate in the sex offender counseling program while incarcerated. In 2003, petitioner was removed from the program for poor performance, participation or progress. In September 2005, petitioner reenrolled in the program but was soon placed on probation status based on, among other things, his lack of honesty, insight and empathy...

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