On Monday, February 23, 2026, MIichael Nero, age 45, was found guilty following a two-day jury trial, before the Honorable Donald G. O’Geen on two counts of Assault second degree under Penal Law 120.05(3) and Penal Law 120.05(7) for assaulting an Attica Corrections Officer.
The defendant was arrested by the New York State Police on a sealed indictment on July 30, 2025. Nero, who was serving a fifteen-year prison sentence for Burglary in the Second Degree and Assault in the Second Degree, was an inmate at Attica Correctional Facility on November 27, 2023. The incident occurred when Corrections Officers attempted to pull an inmate out of line and search the inmate for weapons. After this other inmate was pulled out of line, Nero attacked a Corrections Officer.
A sentencing hearing is scheduled for March 18, 2026 at 1:00p.m.
Based upon Nero’s criminal history, he will be sentenced as either a second violent felony offender or a persistent violent felony offender. Judge O’Geen will make that determination on March 18th. If sentenced as a second violent felony offender, the defendant faces a sentencing range of between five and 7 years. If sentenced as a persistent violent felony offender, he faces a minimum of 12 years to life and a maximum of 25 years to life.
“My Office takes violence in a Correctional Facility seriously. Based upon the video evidence that I reviewed, this was a situation that could have easily gotten out of hand. I applaud the professionalism of the Attica Correctional Facility staff in responding to this incident,” said District Attorney Vincent A. Hemming.
The case was prosecuted by Assistant District Attorney Gabrielle Linsey. Joseph Lobosco, Esq. represented the Defendant.