PEOPLE v. PONCE


276 A.D.2d 921 (2000)

714 N.Y.S.2d 592

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO PONCE, Appellant.

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

Decided October 26, 2000.


Spain, J.

The prosecution commenced this action by filing a sealed two-count indictment which charged defendant with criminal possession of a weapon in the third degree and promoting prison contraband in the first degree. Both counts of the indictment were based upon defendant's possession of a utility knife blade which was discovered when defendant, a prison inmate, was frisked by a correction officer. After a jury trial defendant was convicted of both counts and...

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