PEOPLE v. PORTER


305 A.D.2d 933 (2003)

761 N.Y.S.2d 691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY PORTER, Appellant.

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

Decided May 29, 2003.


Mercure, J.P.

Defendant was charged in an indictment with two counts of assault in the second degree. At the time of the incident giving rise to the charges, defendant was incarcerated at Great Meadow Correctional Facility in Washington County. Correction Officer Brian Boutin testified at trial that while he was attempting to remove defendant from his cell for a court appearance, defendant kicked him in the side of the head and face. Boutin lost his footing and ended...

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