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MATTER OF RICHARDS v. CUOMO

511683.

88 A.D.3d 1043 (2011)

930 N.Y.S.2d 500

2011 NY Slip Op 6965

In the Matter of JUSTO RICHARDS, Appellant, v. ANDREW CUOMO, as Attorney General of the State of New York, Respondent.

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

Decided October 6, 2011.

Lahtinen, J.

Petitioner, an inmate, was previously convicted of, among other things, robbery in the first degree (People v Richards, 118 A.D.2d 604 [1986], lv denied 67 N.Y.2d 1056 [1986]) pursuant to a statutory provision he claims is unconstitutional. As relevant herein, petitioner attempted to commence this CPLR article 78 proceeding seeking a writ of prohibition solely against respondent, the Attorney General,...

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