PEOPLE v. GANNON


301 A.D.2d 873 (2003)

754 N.Y.S.2d 107

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH D. GANNON, Appellant.

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

Decided January 23, 2003.


Mercure, J.P.

Defendant was indicted on one count of assault in the second degree and one count of intimidating a victim or witness in the third degree after allegedly striking another inmate while incarcerated on unrelated charges. Following a jury trial, defendant was convicted of the lesser included offense of attempted assault in the second degree and sentenced to an indeterminate prison term of 2 to 4 years. On this appeal, defendant initially contends that he...

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