People v. Rush

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered May 25, 2004, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant, a prison inmate, injured a correction officer during an altercation and was charged with assault in the second degree. He pleaded guilty to that crime and was sentenced to five years in prison to be followed by five years of postrelease supervision. Although the conviction was originally affirmed by this Court (People v Rush, 50 AD3d 1246 [2008]), we subsequently granted defendant’s motion…