Defendant was convicted of assault in the second degree arising out of an incident on February 21, 1987 while he was an inmate at Elmira Correctional Facility in Chemung County during which he stabbed a correction officer with a pen. Defendant contended that he acted in self-defense by swinging out with a pen when at least three correction officers entered his cell and repeatedly struck him with batons.
Defendant initially argues that...
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