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PEOPLE v. FERNANDEZ

248 A.D.2d 801 (1998)

670 N.Y.S.2d 251

The People of the State of New York, Respondent, v. Rodin Fernandez, Appellant

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

March 12, 1998

Spain, J.

Defendant was indicted in July 1996 for the crime of assault in the second degree (Penal Law § 120.05 [7]). The indictment alleged that on June 9, 1996 defendant and Edd Robinson, while inmates at Ogdensburg Correctional Facility, St. Lawrence County, with intent to cause physical injury to inmate William J. D. Kelly, did cause said injury. Defendant later pleaded guilty to attempted assault in the second degree pursuant to a plea agreement...

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