PEOPLE v. CONCEPTUALIZATION GIBBS


34 A.D.3d 1120 (2006)

824 N.Y.S.2d 502

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 November 30, 2006.


Spain, J.

Defendant appeals from his conviction, following a jury trial, of assault in the second degree stemming from an incident in which he struck a correction officer in the head with a food tray while incarcerated at the Elmira Correctional Facility in Chemung County. In addition to other correction officers' testimony, a video of the incident was played for the jury, reflecting that two officers went to defendant's cell to escort him to another area. After they...

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