People v. Davis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered April 24, 2006, convicting defendant upon his plea of guilty of the crime of assault in the first degree.
While playing cards in their cell, defendant, a prison inmate, engaged in a fight with his cellmate on April 7, 2005. Documentary evidence contained in the record on appeal reflects that the cellmate, who “appeared to have been severely beaten,” died from asphyxiation due to strangulation. As a result, defendant was indicted and charged with one count of murder in the second degree (depraved…
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