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PEO EX REL COLEMAN v. BRANN

No. 260252/20.

68 Misc.3d 204 (2020)

126 N.Y.S.3d 315

2020 NY Slip Op 20090

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ILONA COLEMAN, on Behalf of JAVIER ALVAREZ and Others, Petitioners, v. CYNTHIA BRANN, Commissioner, New York City Department of Corrections, et al., Respondents.

Supreme Court, Bronx County.

Decided April 21, 2020.

Attorney(s) appearing for the Case

The Bronx Defenders ( Daniel Hamburg , Ilona Coleman , Annette Lee , Archana Prakash , Pezhmon Zaiim , Emily Prokesch ; Deborah Lolai and Ruth Hamilton of counsel) for petitioners.

Darcel D. Clark , District Attorney ( Tim Lynch , Jie Xiang , Masateru Marubashi , Johanna Lerner , Simon Folkard and Robert McIver of counsel), for the People.

Letitia James , Attorney General ( Jeb Harben of counsel), for New York State Department of Corrections and Community Supervision, respondent.

James E. Johnson , Corporation Counsel ( Carolyn E. Kruk of counsel), for New York City Department of Corrections, respondent.

OPINION OF THE COURT

The five petitioners in this proceeding are detainees at correctional facilities on Rikers Island who have pleaded guilty in their criminal cases but have not yet been sentenced. They claim that the conditions of their confinement, which include the inability to practice social distancing, place...

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