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PEOPLE v. GAYLE

100774.

2008 NY Slip Op 06317

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY GAYLE, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 17, 2008.

Attorney(s) appearing for the Case

Carl J. Silverstein, Monticello, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Susan Rider-Ulacco of counsel), for respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

STEIN, J.

In October 2005, defendant was confined in Elmira Correctional Facility in Chemung County. On October 27, 2005, his cell was randomly selected to be searched. A correction officer found a shank (a paintbrush handle cut off and sharpened at one end) in a pocket of a bathrobe hanging on the wall. Defendant was charged by a grand jury indictment with the crime of promoting prison contraband in the first degree. A jury found defendant...

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