United States Second Circuit

In a habeas corpus action challenging petitioner's conviction for second-degree harassment, the district court's dismissal of the petition as moot is vacated and the case remanded where: 1) petitioner was 'in custody' for the purposes of habeas review while under a sentence of conditional discharge that obligated him to appear in specific places at specific times and subjected him to the discretion of the court; and 2) petitioner's conviction is criminal for the purposes of the presumption of continuing collateral consequences under Sibron v. New York, 392 U.S. 49 (1968), and the government did not rebut that presumption.

Appellate Information

• Published 2016/08/26

Judges

• WESLEY

Court

• United States Second Circuit

Counsel