PEOPLE v. FITZGERALD


210 A.D.2d 740 (1994)

620 N.Y.S.2d 553

The People of the State of New York, Respondent, v. Ronnie Fitzgerald, Appellant

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

December 22, 1994


Peters, J.

Defendant's conviction arises out of a May 1991 riot at Southport Correctional Facility in Chemung County where he was an inmate. Subsequent to an investigation conducted by the State, it was alleged that defendant possessed a sharpened metal rod measuring approximately eight inches in length and that he held it to the rib cage of Correction Officer Kemberly Burgett.

On August 10, 1992, defendant, represented by counsel, entered a plea...

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