People v. Hawkins

Appeal from a judgment of the County Court of Chemung County, rendered May 25, 1979, upon a verdict convicting defendant of the crime of assault in the third degree. On November 23, 1977, a Chemung County Grand Jury indicted defendant, charging him with assault in the second degree in violation of subdivision 3 of section 120.05 of the Penal Law. The indictment was the direct result of an altercation at the Elmira Correctional Facility involving the defendant and two correctional officers, as well as another inmate, Larry Johnson. Approximately one year and two months later, the defendant was…