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PEOPLE EX REL. JONES v. COLLADO

532465.

207 A.D.3d 1005 (2022)

172 N.Y.S.3d 536

2022 NY Slip Op 04768

The People of the State of New York ex rel. Lauren E. Jones, on Behalf of Guillemo Gorostiza, Appellant, v. Jaifa Collado, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

Decided July 28, 2022.

Attorney(s) appearing for the Case

The Legal Aid Society, New York City (Laura E. Jones of counsel), for appellant.

Letitia James, Attorney General, Albany (Sean P. Mix of counsel), for respondents.

Garry, P.J., Lynch and McShan, JJ., concur.

In 2007, Guillemo Gorostiza was convicted of rape in the first degree and was sentenced to 13 years in prison, to be followed by five years of postrelease supervision. During his incarceration, Gorostiza became paralyzed and is required to use a wheelchair. As a result, Gorostiza was housed in a wheelchair-accessible unit...

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