PEOPLE v. DALEY


9 A.D.3d 601 (2004)

780 N.Y.S.2d 423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ALBERT DALEY, Appellant.

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

July 8, 2004.


LAHTINEN, J.

In April 1998, defendant, while incarcerated at Coxsackie Correctional Facility in Greene County, was involved in an altercation with correction officers during which he allegedly swung a razor blade. He was indicted for the crimes of promoting prison contraband in the first degree and menacing in the second degree. The first trial resulted in a hung jury. A retrial culminated in the jury finding him guilty of both of the charged crimes and he was sentenced...

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