Defendant was indicted on a single count of assault in the second degree based upon an incident which occurred while defendant was confined in the special housing unit of Elmira Correctional Facility in Chemung County. The crime charged in the indictment includes as an element defendant's confinement in a correctional facility pursuant to a charge or conviction of a crime (Penal Law § 120.05 [7]). In accordance with CPL 200.60, the indictment...
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