Appellate Division of the Supreme Court of the State of New York May 25, 2017 (People v. Upshur)

Garry, J.P.

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered August 15, 2014, convicting defendant upon his plea of guilty of the crimes of burglary in the third degree and assault in the second degree.

Defendant was charged in an indictment with burglary in the third degree and, while incarcerated, he was charged with assault in the second degree.