People v. Fitzgerald

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered October 2, 1992, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant’s conviction arises out of a May 1991 riot at Southport Correctional Facility in Chemung County where he was an inmate. Subsequent to an investigation conducted by the State, it was alleged that defendant possessed a sharpened metal rod measuring approximately eight inches in length and that he held it to the rib cage of Correction Officer Kemberly Burgett.

On…