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PEOPLE v. ASHER

2009-0974A-D.

28 Misc.3d 823 (2010)

905 N.Y.S.2d 494

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LAQUANT KEVIN ASHER, LITTLE G. DIGGS, KEVIN MACEO SKINNER, II and EMERSON C. VERNON, Defendants.

Supreme Court, Monroe County.

Decided June 14, 2010.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Michael Doran , of counsel), for Laquant Kevin Asher, defendant. Jason Bowman , Ontario, for Little G. Diggs, defendant. Susan Karalus , Williamsville, for Kevin Maceo Skinner, II, defendant. Matthew Nafus , Scottsville, for Emerson C. Vernon, defendant. Michael C. Green , District Attorney, Rochester ( Kyle Steinebach of counsel), for plaintiff.

OPINION OF THE COURT

JOSEPH D. VALENTINO, J.

The court previously concluded that the New York State Commission of Correction's jurisdiction over Division for Youth (now known as Office of Children and Family Services) secure facilities and the stated legislative intent of the enacting legislation of the assault statute rendered Industry Secure Facility in Rush, New York a "correctional facility" within the scope of Penal Law § 120.05 (7) in this case...

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