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· 4/27/2022

Ellsworth v. Rubio

Citations

  • 204 A.D.3d 978
  • 167 N.Y.S.3d 521
  • 2022 NY Slip Op 02781

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • individual who had completed criminal sentence, yet remained in custody solely due to clerical error, not \prisoner\ subject to commitment
  • “The fact that a person is in State custody is not enough to make him a ‘prisoner’ within the meaning of [G. L. c. 123A,] § 12([6])”
  • defendant in State custody as result of clerical error was not “prisoner” within meaning of G. L. c. 123A, § 12 [b], and Commonwealth could not seek his commitment as SDP

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.