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PEO EX REL STOUGHTON v. BRANN

Index No. 451078/2020.

67 Misc.3d 629 (2020)

122 N.Y.S.3d 866

2020 NY Slip Op 20081

THE PEOPLE OF THE STATE OF NEW YORK ex rel. COREY STOUGHTON, ESQ., on Behalf of HOGAN JEFFREY and Others, Petitioners, v. CYNTHIA BRANN, Commissioner, New York City Department of Correction, et al., Respondents.

Supreme Court, New York County.

Decided April 6, 2020.

Attorney(s) appearing for the Case

The Legal Aid Society ( Lauren Gottesman and Mary Lynne Werlwas of counsel) for Hogan Jeffrey and others, petitioners.

Robert Briere for Nicholas Kilgore, petitioner.

Cyrus R. Vance, Jr. , District Attorney ( Patricia Bailey of counsel), and James E. Johnson , Corporation Counsel ( Martin Bowe of counsel), for Cynthia Brann, Commissioner, New York City Department of Correction, respondent.

Cyrus R. Vance, Jr. , District Attorney ( Patricia Bailey of counsel), and Letitia James , Attorney General ( James Cooney of counsel), for Anthony Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, respondent.

OPINION OF THE COURT

Petitioners, 32 inmates at the Rikers Island prison, have demanded release on due process grounds. Each petitioner faces one or more charges in New York County. Many are also incarcerated pending hearings on alleged parole violations. Their complaint concerns the coronavirus disease of 2019 (COVID-19...

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