PEOPLE v. WINCHESTER


14 A.D.3d 939 (2005)

790 N.Y.S.2d 238

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD WINCHESTER, Appellant.

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

January 27, 2005.


Mercure, J.P.

Defendant was charged with and convicted of assault in the second degree and resisting arrest following an incident in which, after a crack pipe and box cutter were found in his pockets, defendant attempted to flee the scene on foot and then bit an officer who was struggling to subdue him. During the struggle, the crack pipe was lost and police failed to recover it. Supreme Court sentenced defendant, as a second felony offender, to an aggregate prison...

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