Spain, J.
In February 1997 defendant and George Rivera were separately charged in a single indictment with criminal possession of a weapon in the third degree. The indictment stems from a prison riot that occurred in July 1995, at the Gouverneur Correctional Facility in St. Lawrence County, where defendant and Rivera were both inmates and were allegedly in possession of a weight bar and dumb bell, respectively, with the intent to use them unlawfully against another...
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