PEOPLE v. BATTLE


224 A.D.2d 871 (1996)

638 N.Y.S.2d 517

The People of the State of New York, Respondent, v. Nathan Battle, Appellant

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

February 29, 1996


Mercure, J. P.

Defendant, an inmate at a State correctional facility, was indicted for attempted assault in the second degree and promoting prison contraband in the first degree as the result of a January 31, 1994 incident when, during the course of a melee that erupted in a mess hall, defendant was observed striking another inmate in the face with a metal post. At the conclusion of the trial, County Court dismissed the attempted assault charge. The remaining...

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