The opinion
Levin, J.
I concur in the view expressed by the majority that a lockup in a precinct police station is not a "jail” or "penal institution,” and therefore the trial court did not err in refusing to instruct the jury regarding the applicability of rules and regulations promulgated by the Department of Corrections on the basis of its supervisory responsibility respecting jails and penal institutions.
I would leave open the question whether a lockup located in a facility that serves both as a jail and as a lockup is subject to the regulatory authority of the Department of Corrections.
The conclusion that the trial court did not err in refusing to instruct the jury regarding the applicability of rules and regulations promulgated by the Department of Corrections makes it unnecessary to consider the parameters of a § 1983 claim.
Mat,lett, J., took no part in the decision of this case.