People v. Fitzroy

Yesawich, Jr., J.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered May 30, 1986, upon a verdict convicting defendant of the crime of assault in the second degree.

On October 23, 1985, Tracey Taylor, an inmate at Elmira Correctional Facility, experienced first and second degree burns to his feet and lower legs as a result of flammable liquid being thrown on him and ignited while he was in his cell sleeping. The incident occurred at about 8:00 a.m.

At approximately 8:50 a.m., a vocational instructor employed at the facility, awaiting the arrival of inmates…