PEOPLE v. THOMAS


5 A.D.3d 305 (2004)

774 N.Y.S.2d 137

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE THOMAS, Appellant.

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

March 30, 2004.


Insofar as is relevant to this appeal, defendant and Keith Smith were jointly tried for assault in the second degree, of which defendant was convicted and Smith was acquitted. The two defendants, inmates at Rikers Island, were charged with attacking Christopher Alston, another inmate.

Alston testified at trial that he and defendant had entered into an agreement, pursuant to which defendant would import heroin into the prison and which Alston would purchase by disbursing...

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