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PEOPLE v. FARRINGTON

1375 KA 16-00643.

171 A.D.3d 1538 (2019)

99 N.Y.S.3d 555

2019 NY Slip Op 03237

The People of the State of New York, Respondent, v. Herbert Farrington, Appellant.

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

Decided April 26, 2019.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05 [7]). At the time of the crime, defendant was incarcerated at Attica Correctional Facility, serving a term of incarceration for manslaughter in the first degree (People v Farrington, 295 A.D.2d 1022 [1st Dept 2002], lv denied 99 N.Y.2d...

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