PEOPLE v. SIMS


178 A.D.2d 993 (1991)

The People of the State of New York, Respondent, v. John Sims, Appellant

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

December 26, 1991


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of murder in the second degree (Penal Law § 125.25 [1]) for intentionally causing the death of a fellow inmate at the Attica Correctional Facility by stabbing him in the left eye with a "shank". The victim died in the hospital eight days after the stabbing. The medical examiner testified that the cause of death was a "stab wound through the left orbit, complicated by bronchopneumonia"...

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