On August 7, 1977 defendant assaulted a correctional officer at the Eastern Correctional Facility where he had been serving a sentence for second degree robbery. Criminal charges were filed on August 15, 1977 and defendant was indicted on September 29, 1977 on two counts of assault in the second degree (Penal Law, § 120.05) and on one count of promoting prison contraband in the first degree (Penal Law, § 205.25). Three months later, the District Attorney who returned...
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