In August 1983, while defendant was an inmate at Elmira Correctional Facility, Correction Officer Michael Waychuk performed a pat frisk of defendant and found a sharpened metal shank in his pocket. Defendant was charged with promoting prison contraband in the first degree. After a suppression hearing, County Court allowed the People to introduce the shank into evidence at trial. Thereafter, defendant requested that the jury be charged with the...
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