People v. Graham

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered March 30, 1992, upon a verdict convicting defendant of the crime of assault in the second degree.

Defendant’s principal contention on appeal is that the Peo*700pie failed to prove that, at the time of the commission of the offense, he was confined to a correctional facility pursuant to a conviction of a crime. A correctional facility is defined in Correction Law § 40 (3) as an "institution operated by the state department of correctional services * * * for the detention of persons charged with or convicted of…