PEOPLE v. BENITEZ


28 A.D.3d 804 (2006)

811 N.Y.S.2d 598

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY BENITEZ, Appellant.

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

April 6, 2006.


While incarcerated in a state correctional facility, defendant threw urine and feces on two correction officers. He was thereafter charged in an indictment with two counts of aggravated harassment of an employee by an inmate and pleaded guilty to one of the charges in satisfaction thereof. He also waived his right to appeal. Under the terms of the plea agreement, defendant was to be sentenced to 2 to 4 years in prison, to run concurrently with the sentence he was then serving...

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