PEOPLE v. GRIFFIN


24 A.D.3d 972 (2005)

805 N.Y.S.2d 482

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD GRIFFIN, Appellant.

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

December 15, 2005.


KANE, J.

Defendant appeals from his convictions of promoting prison contraband in the first degree and attempted assault in the second degree (two counts) stemming from an incident in which defendant struck an inmate with a metal rod while both were incarcerated at the Elmira Correctional Facility in Chemung County. He also appeals, by permission, from County Court's denial, without a hearing, of his CPL 440.10 motion. On both appeals, we affirm.

Defendant...

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