Opinion
533813
10-27-2022
The PEOPLE of the State of New York EX REL. Frank HARRIS, Appellant, v. David HOWARD, as Acting Superintendent of Woodbourne Correctional Facility, et al., Respondents.
James Johnston, New York City, for appellant. Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondents.
James Johnston, New York City, for appellant.
Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondents.
Before: Egan Jr., J.P., Pritzker, Reynolds Fitzgerald, Ceresia and Fisher, JJ.
MEMORANDUM AND ORDER
Fisher, J. Appeal from a judgment of the Supreme Court (Stephan G. Schick, J.), entered July 12, 2021 in Sullivan County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, without a hearing.
Petitioner was convicted in 1999 of robbery in the first degree, burglary in the first degree and other crimes, and is currently serving a term of incarceration of 25 years to life (see People v. Harris, 304 A.D.2d 355, 759 N.Y.S.2d 6 [1st Dept. 2003], lv denied 100 N.Y.2d 582, 764 N.Y.S.2d 392, 796 N.E.2d 484 [2003] ), and is eligible for parole in 2024. In December 2020, during the pandemic caused by the novel coronavirus known as COVID–19, petitioner filed an application for a writ of habeas corpus seeking his immediate release from Woodbourne Correctional Facility (hereinafter WCF), alleging that his continued confinement is unconstitutional given, among other factors, the conditions inherent to his incarceration, his age and his underlying health conditions that place him at an increased risk for contracting and suffering complications if infected with COVID–19. Respondents served an answer/return opposing petitioner's release, and submitted affidavits detailing the protocols and preventative measures in place at WCF and how petitioner's various medical conditions were being appropriately monitored. Supreme Court denied the application based upon our decision in People ex rel. Carroll v. Keyser , 184 A.D.3d 189, 125 N.Y.S.3d 484 (3d Dept. 2020). Petitioner appeals.
We have reviewed the facts and circumstances specific to petitioner, particularly his various medical conditions and the vulnerabilities posed by his continued incarceration. Upon careful consideration, we find that he has failed to meet his burden of demonstrating that his detention at WCF is illegal or unconstitutional (see US Const 8th, 14th Amends; NY Const, art 1, §§ 5, 6 ; CPLR 7002[a] ; 7010[a]; People ex rel. Carroll v. Keyser, 184 A.D.3d at 192–196, 125 N.Y.S.3d 484 ; see also People ex rel. Feliz v. Smith, 203 A.D.3d 1422, 1423, 162 N.Y.S.3d 796 [3d Dept. 2022], lv denied 38 N.Y.3d 909, 2022 WL 2127119 [2022] ). Although petitioner submitted affidavits alleging that prison officials exhibited a deliberate indifference to the substantial risk of serious harm posed by his medical conditions by failing to implement certain COVID–19 protocols and preparedness measures, respondents’ opposition was sufficient to controvert this claim (see People ex rel. Figueroa v. Keyser, 193 A.D.3d 1148, 1149–1151, 145 N.Y.S.3d 663 [3d Dept. 2021], lv denied 37 N.Y.3d 905, 2021 WL 3926002 [2021] ; see also People ex rel. Pons v. Keyser, 193 A.D.3d 1166, 1167, 141 N.Y.S.3d 728 [3d Dept. 2021], lv denied 37 N.Y.3d 905, 2021 WL 3925081 [2021] ; People ex rel. Carroll v. Keyser, 184 A.D.3d at 193–194, 125 N.Y.S.3d 484 ). We further find no merit to petitioner's claim that he should have been afforded a hearing (see People ex rel. Feliz v. Smith, 203 A.D.3d at 1423, 162 N.Y.S.3d 796 ; People ex rel. Valenzuela v. Keyser, 197 A.D.3d 1484, 1485, 153 N.Y.S.3d 708 [3d Dept. 2021] ). Upon examination of petitioner's remaining arguments, we find that they fail to establish the illegality of his incarceration or his entitlement to immediate release (see People ex rel. Brown v. New York State Div. of Parole, 70 N.Y.2d 391, 398, 521 N.Y.S.2d 657, 516 N.E.2d 194 [1987] ; People ex rel. Valenzuela v. Keyser, 197 A.D.3d at 1485, 153 N.Y.S.3d 708 ). Accordingly, Supreme Court properly denied the application.
Egan Jr., J.P., Pritzker, Reynolds Fitzgerald and Ceresia, JJ., concur.
ORDERED that the judgment is affirmed, without costs.