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Sun., Sep. 21
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Appellate court affirms 2010 conviction, reduces probation

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"CANTON— A Pennsylvania man’s 2010 conviction for punching a fellow inmate in the eye was upheld but his probation reduced, according to a state appellate court ruling July 12.

Michael S. Boyd, 23, of West Chester, Pa., was convicted of second-degree assault in St. Lawrence County Court in November 2010, then sentenced to six years in prison and 10 years’ probation.

Mr. Boyd claimed there wasn’t enough evidence to establish proof that he caused injury to Mark Beam — who was accused with Mr. Boyd of weapons charges in March 2008 in Gouverneur — and that videotape evidence of the incident shouldn’t have been admitted to trial.

The appellate court ruled that photographs of and testimony about the victim’s injuries were sufficient to establish that the victim had suffered an “impairment of [his] physical condition or substantial pain.”

Photographs taken hours after the incident showed Mr. Beam’s right eye swollen and red, and he also testified that he experienced recurring headaches and sharp pain when looking at light.

The court also ruled that a copy of the correctional facility’s surveillance video, admitted as evidence, was permissible. Two officers testified that the events depicted were accurate.

The court did agree with Mr. Boyd, however, that the 10 years’ probation, to which he also was sentenced, was illegal. The probation was reduced to five years.

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