PEOPLE v. SMITH

103607.

96 A.D.3d 1088 (2012)

945 N.Y.S.2d 800

2012 NY Slip Op 4423

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

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

June 7, 2012.


Garry, J.

In April 2008, defendant was incarcerated in a special housing unit for high-risk inmates at the Southport Correctional Facility in Chemung County, when he allegedly threw a cupful of urine onto a correction officer. Defendant was indicted for aggravated harassment of an employee by an inmate and convicted following a jury trial. He was sentenced as a second felony offender to a prison term of 2½ to 5 years, to run consecutively with his undischarged...

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