People v. Tenace

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered April 1,1982, upon a verdict convicting defendant of the crime of assault in the second degree. On October 6, 1981, defendant was indicted for two counts of assault in the second degree for allegedly striking another inmate with a toilet brush, fracturing the latter’s cheekbones and causing other injuries, while incarcerated in the Albany County Jail. A jury rejected the affirmative defense of duress, convicting defendant of assault in the second degree. He was sentenced to a term of three and one-half to seven…