ALBION — A state appeals court has denied early release for an Orleans Correctional Facility inmate who requested early release because of the COVID pandemic.
Germaine V. Brown, 41, sought early release by filing a writ of habeas corpus last year, but was denied the request by Orleans County Judge Sanford Church.
Brown appealed, claiming that his underlying health conditions “placed him at increased risk if infected with the novel coronavirus,” according to his petition with the Appellate Division, Fourth Department.
“Petitioner alleged that, as a result of the COVID-19 pandemic, the conditions at OCF and the risks presented by his confinement constitute cruel and unusual punishment,” the document says.
The Appellate Court on Friday denied Brown’s request, saying that he had effective counsel and that he “Failed to satisfy his burden to demonstrate that his detention at OCF was illegal.”
Brown is serving a three to six-year term for possessing drugs and for felony driving while impaired by drugs. He was convicted in Niagara County in 2019.
Brown is one of scores of inmates who have petitioned to be released early because of COVID.
Some have been successful, but those who have been released early had little time left in their prison terms.
Brown is not eligible for early release until March 2023.