PEOPLE v. McMILLAN


134 A.D.2d 773 (1987)

The People of the State of New York, Respondent, v. Damar McMillan, Appellant

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

November 25, 1987


Yesawich, Jr., J.

Defendant, then an inmate at Elmira Correctional Facility, was indicted for promoting prison contraband in the first degree based upon his alleged possession of an eight-inch metal shank. He pleaded guilty to a reduced charge and was sentenced to a term of 1½ to 3 years' imprisonment, to run consecutively with the term he was then serving. Defendant appeals that judgment, claiming,

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