Kane, J.
On March 16, 1999, defendant, an inmate at Elmira Correctional Facility in Chemung County, was found in possession of a 6½-inch plexiglass shank. Following investigation by the State Police and referral to the District Attorney for grand jury action, defendant was indicted on December 7, 1999 on a charge of promoting prison contraband in the first degree. Defendant entered a plea of guilty to the lesser charge of attempted promoting prison contraband...
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