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PREISER v. NEWKIRK

No. 74-107.

422 U.S. 395 (1975)

PREISER, COMMISSIONER OF CORRECTIONAL SERVICES OF NEW YORK, ET AL. v. NEWKIRK.

Supreme Court of United States.

Decided June 25, 1975.

Attorney(s) appearing for the Case

Hillel Hoffman, Assistant Attorney General of New York, argued the cause for petitioners. With him on the brief were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Joel Lewittes, Assistant Attorney General.

Daniel Pochoda argued the cause for respondent. With him on the brief were William E. Hellerstein and Marjorie Mazen Smith.*

MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

Respondent Newkirk has been an inmate of the New York prison system since his conviction for murder in the second degree in 1962. He had initially been confined at the Ossining Correctional Facility and, subsequently, at the Attica Correctional Facility, the Green Haven Correctional Facility, and the Auburn Correctional Facility. These facilities were maximum security institutions1

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