Mercure, J.
Defendant, a prison inmate, was indicted for assault in the second degree and aggravated harassment of an employee by an inmate as a result of a January 6, 1998 incident in which defendant was alleged to have injured a correction officer while interfering with the officer's effort to extinguish a fire that defendant had set in his cell and also to have thrown a cup containing urine or feces at the officer. Defendant moved pursuant to CPL 210.40 to dismiss...
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