Miller v. Brereton

Garry, J. (concurring in part and dissenting in part).

While I do not disagree with the resolution of petitioner’s constitutional and evidentiary challenges, I cannot countenance the penalty *826imposed, i.e., confinement for 60 months in the special housing unit (hereinafter SHU), with 24 months suspended.1

The severity of this penalty is disproportionate to the offense. Petitioner is currently incarcerated at Southport Correctional Facility in Chemung County, an SHU prison where he is statistically likely to remain for the duration of this confinement (see Lee v Coughlin, 26 F Supp 2d 615, 625…