PEOPLE v. STOKES


290 A.D.2d 71 (2002)

736 N.Y.S.2d 781

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

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

January 24, 2002.


Attorney(s) appearing for the Case

Ziff, Weiermiller, Hayden & Mustico, Elmira (Richard W. Rich, Jr., of counsel), for appellant.

John R. Trice, District Attorney, Elmira (Charles H. Metcalfe of counsel), for respondent.

CARDONA, P. J., MERCURE, CREW III and CARPINELLO, JJ., concur.


OPINION OF THE COURT

SPAIN, J.

Following a jury trial, defendant was convicted of aggravated harassment of an employee by an inmate (Penal Law § 240.32) for spraying a liquid substance later determined to be a combination of urine and feces at a correction counselor who was making her rounds at the Southport Correctional Facility in Chemung County on February 18, 1997. Following a posttrial hearing (see...

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