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PEOPLE v. STOKES

95 N.Y.2d 633 (2001)

744 N.E.2d 1153

722 N.Y.S.2d 217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER STOKES, Appellant.

Court of Appeals of the State of New York.

Decided February 8, 2001.

Attorney(s) appearing for the Case

New York State Defenders Association, Albany (Alfred O'Connor of counsel), for appellant.

John R. Trice, District Attorney of Chemung County, Elmira (Charles Metcalf and Adam M. Gee of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

While an inmate at the Southport Correctional Facility, defendant was accused and convicted after trial of aggravated harassment of an employee by an inmate in violation of Penal Law § 240.32, a class E felony, for allegedly spraying a mixture of excrement and urine on a correction counselor. The court sentenced defendant to 15 years to life as a persistent felony offender...

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