Legal Opinion

Overton v. Department of Correctional Services

New York Supreme Court

Decided February 27, 1986PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Alain M. Bourgeois, J.

The plaintiff, Wayne Overton, stands convicted, under indictment No. 2971/84, of a series of felonies and, pursuant to Penal Law § 70.02, must be sentenced by this court to an indeterminate term of imprisonment in a Department of Correctional Services (DOCS) facility. In the instant proceeding, he seeks an order, pursuant to CPLR 3212, granting summary judgment and (a) declaring DOCS Directive No. 4914 unconstitutional as applied to him and (b) enjoining the defendants, the Department of Correctional Services and Thomas A. Coughlin, III, its…

2Cases cited18 opinions

  1. Procunier v. MartinezSupreme Court of the United States · 1974
  2. Pell v. ProcunierSupreme Court of the United States · 1974
  3. Reynolds v. United StatesSupreme Court of the United States · 1879
  4. Thomas v. Review Board of the Indiana Employment Security DivisionSupreme Court of the United States · 1981
  5. United States v. SeegerSupreme Court of the United States · 1965

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3Cited by6 opinions

  1. Benjamin v. CoughlinCourt of Appeals for the Second Circuit · 1990
  2. Benjamin v. CoughlinCourt of Appeals for the Second Circuit · 1990
  3. Benjamin v. CoughlinDistrict Court, S.D. New York · 1989
  4. People v. LewisNew York Court of Appeals · 1986
  5. Overton v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1987

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