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PEOPLE v. RUSH

100464.

79 A.D.3d 1522 (2010)

914 N.Y.S.2d 349

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODNEY RUSH, Appellant.

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

Decided December 30, 2010.

MALONE JR., J.

Defendant, a prison inmate, injured a correction officer during an altercation and was charged with assault in the second degree. He pleaded guilty to that crime and was sentenced to five years in prison to be followed by five years of postrelease supervision. Although the conviction was originally affirmed by this Court (People v Rush, 50 A.D.3d 1246 [2008]), we subsequently granted defendant's motion...

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