Opinion
January 9, 1960
Frances Kahn, petitioner in person, and for other petitioners.
Louis J. Lefkowitz, Attorney-General, for respondents.
These are applications by three inmates of Clinton Prison, Dannemora, New York, to direct the Warden to permit them to confer with their attorney privately "within sight, but outside of hearing" of a prison guard.
On August 11, 1959 petitioners' attorney wrote to the Warden asking permission to interview a total of 34 prisoners. She has been permitted to interview the petitioners but the Warden has insisted upon having a guard present in the room "in order to insure against any impropriety or infraction of prison rules and regulations during the interview."
The prisoners are confined pursuant to sentences imposed upon their respective convictions. Their right to confer with counsel after conviction is not absolute but must be subject to such regulations as the Commissioner of Correction may prescribe pursuant to section 146 Correct. of the Correction Law ( Matter of Hughes v. Cashin, 184 Misc. 757; Matter of Mummiani v. La Vallee, 21 Misc.2d 415).
The court finds no impropriety in the regulations here enforced.
The applications are dismissed.