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PEOPLE v. ANNUCCI

1130 KAH 18-00378.

167 A.D.3d 199 (2018)

89 N.Y.S.3d 491

2018 NY Slip Op 07868

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ARIEL GARCIA, Appellant, v. ANTHONY ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, et al., Respondents.

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

Decided November 16, 2018.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Jan Hoth of counsel), for appellant.

Barbara D. Underwood, Attorney General, Albany (Brian D. Ginsberg of counsel), for respondents.

SMITH, J.P., CENTRA, PERADOTTO and CURRAN, JJ. concur.

OPINION OF THE COURT

When an incarcerated person, who was previously convicted of a sex offense, is conditionally released or released on parole, the Board of Parole (Board) must under certain circumstances require, as a mandatory condition of such release, that he or she refrain from entering school grounds (see Executive...

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