PEOPLE v. GIBBS


307 A.D.2d 536 (2003)

762 N.Y.S.2d 291

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CONCEPTUALIZATION GIBBS, Appellant.

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

Decided July 17, 2003.


Spain, J.

Following a jury trial, defendant was convicted of aggravated harassment of an employee by an inmate for throwing a mixture of feces upon a correction officer at the Southport Correctional Facility in Chemung County on December 6, 1999. Sentenced as a second felony offender to an indeterminate prison term of 2 to 4 years, defendant appeals.

Defendant's central contention—that County Court's supplemental instruction to the deliberating jury...

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