People v. Gibbs

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered April 2, 2001, upon a verdict convicting defendant of the crime of aggravated harassment of an employee by an inmate.

Following a jury trial, defendant was convicted of aggravated harassment of an employee by an inmate for throwing a mixture of feces upon a correction officer at the Southport Correctional Facility in Chemung County on December 6, 1999. Sentenced as a second felony offender to an indeterminate prison term of 2 to 4 years, defendant appeals.

Defendant’s central contention — that County Court’s…