People v. Perez

—Peters, J.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered September 11, 1992, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant’s conviction arises out of a May 1991 riot at South-port Correctional Facility in Chemung County where he was an inmate. Defendant was indicted and charged with two counts of assault in thé second degree and one count of promoting prison contraband in the first degree for stabbing a correction officer in the chest and back with a sharpened metal rod. Defendant ultimately…