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PEOPLE v. GREEN

105179

119 A.D.3d 23 (2014)

984 N.Y.S.2d 680

2014 NY Slip Op 3303

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BARRY GREEN, Appellant.

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

Decided May 8, 2014.

Attorney(s) appearing for the Case

Jane M. Bloom, Monticello, for appellant, and appellant pro se.

James R. Farrell , District Attorney, Monticello, for respondent.

STEIN, J.P., McCARTHY and ROSE, JJ., concur.

OPINION OF THE COURT

EGAN JR., J.

On September 9, 2009, a correction officer at Woodbourne Correctional Facility in Sullivan County, where defendant then was incarcerated, was making his daily rounds when he observed a green towel covering the window of defendant's cell. As the correction officer paused to investigate, he overheard defendant — the sole occupant of the cell — engaging in what he characterized...

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