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MATTER OF ODOM v. KELLY

152 A.D.2d 1010 (1989)

In the Matter of Anthony Odom, Appellant, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1989

Judgment unanimously affirmed.

Memorandum:

Petitioner was found guilty of assault (inmate rule 100.10) in the stabbing of another inmate. The determination was based on the written report and testimony of the charging officer and the confidential testimony of an inmate witness. Petitioner was not allowed to hear a tape of the confidential testimony or see a transcript of the interview with the inmate witness. The identity of the witness and content of the...

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