While defendant was incarcerated in the Clinton Correctional Facility on May 25, 1980, he was allegedly involved in an altercation with some correction officers after they escorted him from the shower room to his cell. As a result, he was indicted on two counts of assault in the second degree (Penal Law, § 120.05, subd 3), and following a jury trial he was ultimately convicted on one count of attempted assault in the second degree (see Penal Law, § 110.00). On March...
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