PEOPLE v. SUPERINTENDENT

No. 74.

36 N.Y.3d 187 (2020)

163 N.E.3d 1041

140 N.Y.S.3d 124

2020 NY Slip Op 06934

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRED JOHNSON, Appellant, v. SUPERINTENDENT, ADIRONDACK CORRECTIONAL FACILITY, et al., Respondents. THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANGEL ORTIZ, Appellant, v. DENNIS BRESLIN, SUPERINTENDENT OF QUEENSBORO CORRECTIONAL FACILITY, et al., Respondents.

Court of Appeals of New York.

Decided November 23, 2020.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, Criminal Appeals Bureau, New York City ( Denise Fabiano of counsel), for appellant in the first above-entitled proceeding.

Letitia James , Attorney General, Albany ( Brian D. Ginsberg , Barbara D. Underwood and Jeffrey W. Lang of counsel), for respondents in the first above-entitled proceeding.

Janet E. Sabel , The Legal Aid Society, New York City ( Will A. Page of counsel), for appellant in the second above-entitled proceeding.

Letitia James , Attorney General, New York City (Ester Murdukhayeva, Barbara D. Underwood and Anisha S. Dasgupta of counsel), for respondents in the second above-entitled proceeding.

Paul Skip Laisure , Appellate Advocates, New York City ( Lisa Napoli of counsel), for Appellate Advocates, amicus curiae in the second above-entitled proceeding.


OPINION OF THE COURT

In these appeals, we consider constitutional challenges to the practice of temporarily confining level three sex offenders in correctional facilities, after the time they would otherwise be released to parole or postrelease supervision (PRS), while they remain on a waiting list for accommodation at a shelter...

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