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PEOPLE v. MOTLEY

119 A.D.2d 57 (1986)

The People of the State of New York, Respondent, v. James Motley, Appellant

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

July 31, 1986

Attorney(s) appearing for the Case

Scott J. Learned for appellant.

James T. Hayden, District Attorney, for respondent.

MAHONEY, P. J., MAIN and YESAWICH, JR., JJ., concur with CASEY, J.; WEISS, J., dissents and votes to reverse in an opinion.

CASEY, J.

Defendant's principal contention on appeal is that the indictment charging him with promoting prison contraband in the first degree for possessing a sharpened metal rod approximately 9¼ inches in length was jurisdictionally defective since the pertinent regulations of the Commissioner of Correctional Services were not filed with the Secretary of State as required by the State Constitution (NY Const...

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