People v. Davis

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 13, 2012, upon a verdict convicting defendant of the crimes of promoting prison contraband in the first degree and attempted assault in the second degree.

While incarcerated at Elmira Correctional Facility in *1096Chemung County, defendant and another inmate (hereinafter the victim) were observed in fighting stances in the facility gym. The victim had a cut from his mouth to his ear. After separating the two inmates, a correction officer conducted a pat frisk of defendant. During the frisk, another…