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PEOPLE EX REL. PAYNE v. McINTOSH

531879.

196 A.D.3d 979 (2021)

148 N.Y.S.3d 407

2021 NY Slip Op 04521

The People of the State of New York ex rel. James Payne, Appellant, v. Donita McIntosh, as Superintendent of Bare Hill Correctional Facility, Respondent.

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

Decided July 22, 2021.

Attorney(s) appearing for the Case

James Payne, Malone, appellant pro se.

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

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

Petitioner is currently serving concurrent prison sentences upon his convictions of multiple counts of criminal sale of a controlled substance in the third degree and other crimes, and is eligible for parole in 2023. In May 2020, petitioner filed an application for a writ of habeas corpus pursuant to CPLR article 70 seeking his immediate release from Bare Hill Correctional Facility (hereinafter BHCF), asserting that his continued confinement during the COVID-19 pandemic is...

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