WYATT v. STATE


176 A.D.2d 574 (1991)

James Wyatt et al., Appellants, v. State of New York, Respondent

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

October 17, 1991


On March 21, 1986, as the result of a traffic dispute, claimants were shot and wounded by an off-duty correction officer, Kenneth Robinson, employed by the New York State Department of Correctional Services at its Taconic Correctional Facility (referred to throughout the trial as the "Correction" Department).

Both claimants testified that they did not strike or hit the officer in any way but were merely talking to him and that the officer who seemed agitated shot...

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