PEOPLE v. HAMILTON


165 A.D.2d 908 (1990)

The People of the State of New York, Respondent, v. Earl Hamilton, Appellant

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

September 13, 1990


Casey, J.

At approximately 1:40 P.M. on May 22, 1988, defendant, an inmate at Elmira Correctional Facility in Chemung County, was among those who were proceeding from their cells to the auditorium to view a movie. On the way several inmates, including defendant, were randomly selected for a "pat frisk" to determine whether contraband was being possessed. During the search, defendant broke away and had to be subdued by four correction officers. While pinned...

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