MARTIN v. STATE OF NEW YORK


39 A.D.3d 905 (2007)

833 N.Y.S.2d 706

LARRY MARTIN, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 100426.)

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

Decided April 5, 2007.


Crew III, J.P.

Claimant, a prison inmate, most recently was incarcerated in 1990 for robbery and grand larceny. In April 1999, while serving 36 months in keeplock for drug use, claimant was attacked and assaulted by two inmates, one of whom possessed a steel shank, as he exercised in the "cage." The assault lasted approximately three minutes, during which time claimant defended himself and rendered one of his assailants semiconscious. As a result of this incident...

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