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PEOPLE EX REL. MORRISON v. KEYSER

531848.

196 A.D.3d 978 (2021)

148 N.Y.S.3d 397

2021 NY Slip Op 04520

The People of the State of New York ex rel. Duone Morrison, Petitioner, v. William F. Keyser, as Superintendent of Sullivan Correctional Facility, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 22, 2021.

Attorney(s) appearing for the Case

Duone Morrison, Attica, petitioner pro se.

Letitia James , Attorney General, Albany ( Frank Brady of counsel), for respondent.

Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

While confined at Sullivan Correctional Facility (hereinafter SCF), petitioner, who is not eligible for parole until 2031, filed a petition for a writ of habeas corpus seeking immediate release, asserting that the conditions and safety practices at SCF placed him at an increased risk of contracting and experiencing serious complications from COVID-19, which constitutes cruel and unusual punishment and deprives him of due process...

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