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OVERTON v. CORR. SERV

131 Misc.2d 295 (1986)

Wayne Overton, Plaintiff, v. Department of Correctional Services et al., Defendants.

Supreme Court, Criminal Term, Kings County.

February 27, 1986

Attorney(s) appearing for the Case

Caesar D. Cirigliano and Arnold S. Cohen for plaintiff. Robert Abrams, Attorney-General (Tarquin Jay Bromley of counsel), for defendants.

ALAIN M. BOURGEOIS, J.

The plaintiff, Wayne Overton, stands convicted, under indictment No. 2971/84, of a series of felonies and, pursuant to Penal Law § 70.02, must be sentenced by this court to an indeterminate term of imprisonment in a Department of Correctional Services (DOCS) facility. In the instant proceeding, he seeks an order, pursuant to CPLR 3212, granting summary judgment and (a) declaring DOCS Directive No. 4914 unconstitutional as applied...

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