MATTER OF ACOSTA v. FISCHER

513505.

98 A.D.3d 1170 (2012)

950 N.Y.S.2d 816

2012 NY Slip Op 6233

In the Matter of JOSE ACOSTA, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

September 20, 2012.


After correction officers released a group of inmates from their cells to attend breakfast, one inmate was attacked in his cell and received cuts to his lip and right palm. An investigation ensued, during which information was received from a confidential source. Petitioner, who was housed in the cell next to the victim's cell, was implicated as the perpetrator of the attack. Petitioner was observed to have a bruised face and left eye and, when his cell was searched, a bloody...

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