Newton v. State
Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Claimant,
The court found that heightened security in the general population area of the prison was not warranted because that population was completely segregated from the long-term population where the earlier altercation occurred. The court also found that the attack was the unforeseeable result of a lost wager over a basketball game and was not the result of inadequate security or connected to racial tensions involved in the earlier altercation. Where, as here, the court’s decision is based upon a fair interpretation of the evidence, it will not be disturbed on appeal (see, Farace v State of New York, 266 AD2d 870). (Appeal from Judgment of Court of Claims, Corbett, Jr., J. — Dismiss Claim.) Present — Pigott, Jr., P. J., Wisner, Scudder, Kehoe and Burns, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.