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SMITH v. STATE OF NEW YORK

284 A.D.2d 741 (2001)

728 N.Y.S.2d 530

DARRYL SMITH, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided June 21, 2001.

Mugglin, J.

Claimant, a former correction officer for the City of New York working at Rikers Island, is serving a sentence of 25 years to life as a result of his murder conviction. On January 20, 1996, while housed in the general prison population at Sullivan Correctional Facility in Sullivan County, he was assaulted by two fellow inmates who entered his cell, punched him, stabbed him with a 9¼-inch sharpened metal...

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