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MARCELIN v. SCOTT

59 Misc.2d 38 (1969)

Harvey Marcelin, Petitioner, v. Joseph Scott, Respondent.

Supreme Court, Clinton County.

January 10, 1969

Attorney(s) appearing for the Case

Dale T. Tucker for petitioner. Louis J. Lefkowitz, Attorney-General (Charles H. Lewis of counsel), for respondent.

IRVING GOLDMAN, J.

The petitioner, Harvey Marcelin, is a prisoner at Clinton Prison in Dannemora under a life sentence for murder, first degree. He alleges that at various times, during his imprisonment, he has been subjected to solitary confinement under conditions so brutal as to be characterized as cruel and unusual punishment forbidden by both the State and Federal Constitutions. (N. Y. Const., art. I, § 5; U. S. Const. 8th Amdt.) He seeks injunctive...

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