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PEOPLE EX REL. BROWN v. STATE OF N.Y. DEPT. OF CORR.

No. 770 KAH 20-01142.

198 A.D.3d 1360 (2021)

152 N.Y.S.3d 658

2021 NY Slip Op 05423

The People of the State of New York ex rel. Germaine Brown, Appellant, v. State of New York Department of Corrections, Respondent.

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

Decided October 8, 2021.

Attorney(s) appearing for the Case

DAVID J. PAJAK , ALDEN, FOR PETITIONER-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( SARAH L. ROSENBLUTH OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner is currently serving a sentence of imprisonment at Orleans Correctional Facility (OCF). In June 2020, he filed a petition for a writ of habeas corpus seeking his immediate release on the ground that his underlying health conditions placed him at increased risk if infected with the novel coronavirus responsible for causing COVID-19. Petitioner alleged...

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