PEOPLE v. WEATHERSPOON

102278, 103534.

86 A.D.3d 792 (2011)

927 N.Y.S.2d 217

2011 NY Slip Op 5989

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUY WEATHERSPOON, Appellant.

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

Decided July 21, 2011.


SPAIN, J.P.

In August 2006, while an inmate at Coxsackie Correctional Facility in Greene County, defendant was accused of punching a correction officer. Shortly thereafter, the Department of Correctional Services completed an investigation into the incident and, less than nine months later, defendant was indicted on two counts of assault in the second degree. Following a jury trial, defendant was acquitted of the first count (see Penal Law § 120.05 [3...

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