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PEOPLE v. HOLLOWAY

77 A.D.2d 122 (1980)

The People of the State of New York, Respondent, v. Samuel M. Holloway, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 6, 1980

Attorney(s) appearing for the Case

Raymond J. Urbanski for appellant.

D. Bruce Crew, III, District Attorney (Kevin M. O'Shea of counsel), for respondent.

GREENBLOTT, J. P., MIKOLL and CASEY, JJ., concur with HERLIHY, J.; KANE, J., concurs in the result only.

HERLIHY, J.

The record contains ample proof that the defendant, a prison inmate, struck a correction officer with a chair as that officer was attempting to restore order in a mess hall. The major issue at trial was the intent of the defendant to prevent the officer from performing a lawful duty. The incident occurred in the context of a general inmate melee in the mess hall as the correction officers attempted...

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