PEOPLE v. SIMMS


124 A.D.2d 349 (1986)

The People of the State of New York, Respondent, v. Leroy Simms, Appellant

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

October 23, 1986


Main, J.

Defendant, at the time an inmate at Elmira Correctional Facility, was convicted of promoting prison contraband in the first degree arising from his possession of a sharpened metal shank. On this appeal, he contends that he could not be convicted of this crime because the Penal Law defines contraband as "any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation...

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