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  5. 48 A.D.2d 275 (1975)
 

PEO. EX REL. PRICE v. WARDEN

48 A.D.2d 275 (1975)

The People of the State of New York ex rel. Leonard Price, Appellant, v. Warden of New York City Correctional Institution for Men, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 5, 1975

Attorney(s) appearing for the Case

Joseph Alan Kaplan of counsel (William Gallagher, attorney), for appellant.

Mark D. Lefkowitz of counsel (L. Kevin Sheridan with him on the brief; W. Bernard Richland, Corporation Counsel), for respondent.

MARKEWICH, J. P., TILZER and LANE, JJ., concur in Per Curiam opinion; KUPFERMAN and MURPHY, JJ., dissent in an opinion by MURPHY, J.

Per Curiam.

The relator was imprisoned at the New York City Correctional Institution for Men on Riker's Island on August 29, 1974. He was initially housed with the general population of the prison; however, several weeks after arrival, the prison warden received an anonymous note stating that if the two homosexuals then housed with the general population were not removed, their lives would be in danger.

Relator...

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