Appellate Division of the Supreme Court of the State of New York July 5, 2012 (Toomer v. Warden of Adirondack Correctional Facility)

Petitioner was convicted of assault in the second degree and sentenced in 2008 to a prison term of two years followed by three years of postrelease supervision. After his release on parole supervision, petitioner was charged, as is relevant here, with violating a condition of his release when he allegedly threatened the safety and well-being of two child protective caseworkers who were