PEOPLE v. McCRAE


297 A.D.2d 878 (2002)

747 N.Y.S.2d 399

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMALE McCRAE, Appellant.

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

Decided September 26, 2002.


Carpinello, J.

Defendant was found to be in possession of marihuana while incarcerated at a state correctional facility and was subsequently charged with promoting prison contraband in the first degree and unlawful possession of marihuana. Thereafter, he moved, inter alia, to dismiss that count of the indictment charging him with promoting prison contraband in the first degree or, alternatively, to reduce the charge to promoting prison contraband in the second degree...

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