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EX-NURSING HOME AIDE FOUND GUILTY OF ASSAULT

A former Buffalo nursing home aide was convicted today of assaulting an elderly, bedridden patient last July.

Following a two-day non-jury trial, City Judge Joseph D. Figliola found Rosalie Hall, 41, of 241 Herman St. guilty on two counts of assault under the state Public Health Law.

Figliola said he made the decision based on testimony from six other staffers at the Niagara Lutheran Home who found her "choking" an 83-year-old senile patient during a late-night incident July 29 at the nursing home at 64 Hager St.

Figliola noted that several nurses pulled Ms. Hall away from the victim after the victim's facial skin tone "changed color," but Ms. Hall resumed the attack, stuffing a diaper in the victim's mouth and knocking out a tooth.

Michael T. Kelly, chief of the state Medicaid Fraud Bureau's Western New York operations, said prosecutors will press for the maximum sentence of one year in jail and a $2,000 fine.

Figliola allowed Ms. Hall to remain free on her own recognizance, pending sentencing Aug. 21.

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