PEOPLE v. CRUZ


258 A.D.2d 823 (1999)

687 N.Y.S.2d 189

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEWART CRUZ, Appellant.

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

Decided February 25, 1999.


Crew III, J.

On April 26, 1996 defendant, a prison inmate, had a confrontation with a correction officer, at which time he threatened to, inter alia, throw feces at the correction officer. The following day, a search of defendant's cell revealed six cups of urine and feces. Based upon this discovery and the threats made by defendant the previous day, defendant was searched and taken to the facility's special housing unit. This search revealed a single-edged...

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