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A legal group is calling on Gov. Andrew Cuomo and the state corrections department to release 40 New York prisoners as coronavirus continues to spread in lockups throughout the state.

The Legal Aid Society asked that the prisoners, all of whom have already been convicted of crimes, be let out either because they are close to their release dates or because they have conditions that would make them especially vulnerable if they contracted COVID-19.

The group says that Cuomo has it within his powers to grant clemency for these people and that it’s imperative he do so especially in light of the fact that nearly 300 people have contracted the virus and seven have died from it in prisons statewide.

“All of these individuals’ conditions warrant this immediate relief, especially as COVID-19 grows exponentially at prisons around New York State infecting our incarcerated clients and correction staff alike at an unprecedented rate,” Legal Aid’s David Loftis said.

Legal Aid has been advocating for the release of inmates in jails and prisons since the pandemic hit, including asking for another 104 prisoners to be released earlier this month.

Some 2,000 inmates either convicted or awaiting trial have been released in New York City alone — with about 3 percent of them reoffending, according to city data.

The Department of Correction and Community Supervision said of the 310 prisoners who tested positive for the virus, 122 of them have recovered.

The DOCCS also noted that nearly 800 people had their parole violations canceled and were released. And the department continues to review other non-serious offenders for release eligibility.

The department has also taken measures to limit the spread of the virus including having all staff and quarantined inmates wear masks, issuing handkerchiefs as face covering to other inmates and enhancing cleaning and disinfecting at their facilities.

The governor’s office did not immediately return a request for comment.

Additional reporting by Bernadette Hogan

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