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· 6/25/1926

Silver's Lunch Stores, Inc. v. Behman

Citations

  • 217 A.D. 243
  • 216 N.Y.S. 734
  • 1926 N.Y. App. Div. LEXIS 7784

How courts have described this case

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

  • noting that the inmate’s criminal offense alone cannot establish his current dangerousness “unless the record also establishes that something in the prisoner’s pre- or post-incarceration history, or his or her current demeanor and mental state” supports an inference of dangerousness
  • “[I]t is evident that the Legislature considered the passage of time— and the attendant changes in a prisoner’s maturity, understanding, and mental state — to be highly probative to the determination of current dangerousness.”
  • “[T] he relevant inquiry is whether some evidence supports the decision of the Board or the Governor that the inmate constitutes a current threat to public safety, and not merely some evidence confirms the existence of certain factual findings.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rich

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