PEOPLE v. DIAZ


145 A.D.2d 833 (1988)

The People of the State of New York, Respondent, v. Alex Diaz, Appellant

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

December 22, 1988


Mahoney, P. J.

Defendant was indicted for promoting prison contraband in the first degree and attempted assault in the second degree for an incident on March 4, 1987 when he was an inmate at Elmira Correctional Facility in Chemung County and ran after another inmate with a board. The latter charge was dismissed at the close of the prosecution's proof, but defendant was convicted of the former charge and sentenced to 2½ to 5 years in prison. This...

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