Rochester New York Form 945-V 2017-2025

Rochester New York Form 945-V: What You Should Know

Fully, J.), denying the People's petition for leave to file a petition for rehearing en band in a two judge court on the grounds that the judgment below was plainly wrong in law and the district court was bound by it. For the reasons set forth herein- [A]ND on the one hand and on the other: [1] In the judgment of the Court, Defendant-Appellant is not entitled to writs of habeas corpus and to the writs of habeas corpus shall not issue against him, but only against the State of New York; [2] Further, the judgment below, as to the merits of the constitutional question, is invalid, and this Court has jurisdiction to reverse and correct it, or, as the Court does not view this question, to enjoin it for the purpose of final determination by this Court whether whether the State of New York is under a compulsory duty to protect against the risk of the use by Defendant-Appellant of an alcoholic or addict drug on the basis of a presumption of reasonableness has reached the stage of being decided before it is finally resolved by the Court, or whether the court should take the more lenient view of the nature of such a duty; [3] This Court was entitled to hear this case as an appeal from the district court's rejection of the writs sought by the People. However, as it holds, the judgment below was clearly wrong in law because it was founded on a presumption of reasonableness and the record is replete with evidence to show that, if not so, it had been clearly wrong. The judgment thus is plainly wrong in law, and we therefore see no need to take the courses adopted by the Supreme Court. However, as we see no other course, we proceed to address the merits of this case in a two judge court under the standards of New York law and as set forth in the decision of the Supreme Court. S. 792 and 945 Signed by and filed December 26, 1990.

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