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PEOPLE v. JOHNSON

104225.

97 A.D.3d 990 (2012)

947 N.Y.S.2d 922

2012 NY Slip Op 5679

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH JOHNSON, Appellant.

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

July 19, 2012.

Egan Jr., J.

Defendant was indicted and charged with two counts of assault in the second degree following a scuffle with two deputies at the Albany County Correctional Facility, where he was an inmate. In full satisfaction of that indictment, defendant waived his right to appeal and pleaded guilty to one count of attempted assault in the second degree — with the understanding that he would be sentenced to a prison...

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