People v. Asher

OPINION OF THE COURT

Joseph D. Valentino, J.

The court previously concluded that the New York State Commission of Correction’s jurisdiction over Division for Youth (now known as Office of Children and Family Services) secure facilities and the stated legislative intent of the enacting legislation of the assault statute rendered Industry Secure Facility in Rush, New York a “correctional facility” within the scope of Penal Law § 120.05 (7) in this case where defendants are charged with assault in the second degree (Penal Law §§ 20.00, 120.05 [7]). Each defendant joined in a written trial order of…