PEOPLE v. LOWE


34 A.D.3d 979 (2006)

824 N.Y.S.2d 462

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON LOWE, Appellant.

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

Decided November 16, 2006.


Peters, J.

While an inmate at Elmira Correctional Facility in Chemung County, defendant was involved in a physical altercation with another inmate. As a result, he was charged with violating prison disciplinary rules prohibiting assault, fighting and weapon possession. Defendant pleaded guilty to the fighting charge but, following a tier III disciplinary hearing, was found not guilty of assault and possession of a weapon.

Based upon the same incident, defendant...

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