PEOPLE v. BURKE


176 A.D.2d 1000 (1991)

The People of the State of New York, Respondent, v. Morris Burke, Appellant

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

October 17, 1991


Weiss, J. P.

On October 6, 1987 a routine search of defendant's prison cell produced a sharpened steel rod as well as a stone and a piece of sandpaper. Defendant had been in keeplock confined to his cell 23 hours each day for two weeks. The rod had been wrapped in a towel and stuffed behind the toilet at the rear of the cell. Defendant was charged with criminal possession of a weapon in the third degree and promoting prison contraband in the first degree...

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