PEOPLE v. CARTER

103757.

90 A.D.3d 1159 (2011)

934 N.Y.S.2d 586

2011 NY Slip Op 8849

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK CARTER, Appellant.

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

Decided December 8, 2011.


STEIN, J.

Defendant, while incarcerated in the Elmira Correctional Facility in Chemung County, was involved in an altercation with another inmate after returning from a medical "run." Defendant was placed up against a wall as correction officers attempted to break up the fight. It was at that time that correction officer Kirby Bunnell observed that defendant's hand was clenched and ordered defendant to "drop it." Defendant opened his hand, whereupon Bunnell saw and...

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