PEOPLE v. DUNN


85 N.Y.2d 956 (1995)

650 N.E.2d 854

626 N.Y.S.2d 1007

The People of the State of New York, Respondent, v. Earl Dunn, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 1995.


Attorney(s) appearing for the Case

James D. Licata, Public Defender of Rockland County, New City (Clare McCue Cincotta, Barbara Blanchard and Lois Cappelletti of counsel), for appellant.

Kenneth Gribetz, District Attorney of Rockland County, New City (Lisa B. Cohen and Deborah Wolikow Loewenberg of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of the first degree manslaughter and aggravated sexual abuse in the first degree of a fellow inmate at Rockland Psychiatric Center. Following the assault, he was seized by hospital personnel and transferred to the custody of the State Police. While under guard of a hospital security officer — and, as the lower court...

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