PEOPLE v. HERNANDEZ

886 KA 17-01521.

192 A.D.3d 1528 (2021)

2021 NY Slip Op 01635

The People of the State of New York, Respondent, v. Orlando Hernandez, Appellant.

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

Decided March 19, 2021.


Attorney(s) appearing for the Case

HAYDEN DADD , CONFLICT DEFENDER, GENESEO ( BRADLEY E. KEEM OF COUNSEL), FOR DEFENDANT-APPELLANT.

GREGORY J. McCAFFREY , DISTRICT ATTORNEY, GENESEO ( JOSHUA J. TONRA OF COUNSEL), FOR RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Winslow and DeJoseph, JJ.


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 two counts of assault in the second degree (Penal Law § 120.05 [7]), arising out of separate incidents in which he struck fellow inmates while incarcerated in the Livingston County Jail. We reject the contention of defendant that he was denied his statutory right to testify before the grand jury....

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