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PEREZ v. STATE OF NEW YORK

108710

33 Misc.3d 667 (2011)

929 N.Y.S.2d 678

2011 NY Slip Op 21321

JEANETTE PEREZ, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 108710.)

Court of Claims.

August 3, 2011.

Attorney(s) appearing for the Case

Gary E. Divis for claimant. Eric T. Schneiderman , Attorney General ( Suzette C. Rivera of counsel), for defendant.

OPINION OF THE COURT

ALAN C. MARIN, J.

This is the decision following the liability trial of Jeanette Perez's claim against the State of New York that while incarcerated in Bayview Correctional Facility, Correction Officer Peter Zawislak had sex with her on multiple occasions. Sexual encounters between a correction officer and an inmate cannot be consensual (Penal Law § 130.05 [3] [e]).

The...

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