Kavanagh, J.
In May 2000, defendant, while confined to a special housing unit at Upstate Correctional Facility in Franklin County, brutally assaulted and ultimately caused the death of his cellmate (hereinafter the victim). Thirty minutes after the assault began, correction officers finally gained entry to the cell and, after restraining defendant, found that the victim had been seriously injured. The victim was immediately transported to a local hospital where he...
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