PEOPLE v. DALLIO


19 A.D.3d 717 (2005)

795 N.Y.S.2d 804

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

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

June 2, 2005.


Peters, J.P.

While incarcerated at Franklin Correctional Facility in Franklin County serving a sentence for murder in the second degree, defendant was indicted on a single count of assault in the second degree after he struck a correction officer in the face with his handcuffs. Defendant agreed to plead guilty to attempted assault in the second degree and in return defendant was promised a prison term of 2 to 4 years. When asked if he wanted to plead guilty, defendant...

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