People v. Battle

—Mercure, J. P.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered September 15, 1994, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

Defendant, an inmate at a State correctional facility, was indicted for attempted assault in the second degree and promoting prison contraband in the first degree as the result of a January 31, 1994 incident when, during the course of a melee that erupted in a mess hall, defendant was observed striking another inmate in the face with a metal post. At the conclusion of the…