PEOPLE v. SMITH

103023.

89 A.D.3d 1148 (2011)

931 N.Y.S.2d 803

2011 NY Slip Op 7752

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL SMITH, Appellant.

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

Decided November 3, 2011.


McCarthy, J.

Defendant, while incarcerated in a state prison, was involved in a fight with another inmate. When correction officers intervened, defendant head-butted one of them. As a result, defendant was charged with two counts of assault in the second degree. Following trial, he was convicted of one count. County Court sentenced him, as a second violent felony offender, to seven years in prison, followed by five years of postrelease supervision, to run consecutively...

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