People v. Linzy

Judgment, County Court, Chemung County, rendered on August 27, 1974, affirmed. No opinion. Greenblott, J. P., Kane and Reynolds, JJ., concur; Sweeney and Main, JJ., dissent and vote to reverse in a memorandum by Sweeney, J. Sweeney, J. (dissenting). The defendant was indicted for the crime of assault in the second degree. At the time of the alleged assault, defendant and others indicted for the assault, together with the victims, were all inmates of Elmira Correctional Facility. More specifically, defendant was charged in two counts with "acting with the mental culpability required for the…