Gordon v. County of Albany

OPINION OF THE COURT

Harold J. Hughes, J.

Defendant moves for an order dismissing the complaint for failure to state a cause of action.

The complaint alleges that plaintiff was assaulted by a fellow inmate while incarcerated in a State prison. Plaintiff had testified against the other inmate and in the course of plea bargaining received an assurance from Albany County Court Judge Harris that he would send a letter to the Department of Correctional Services requesting that the plaintiff not be placed in the same prison with any of the individuals against whom plaintiff had testified on behalf of…