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PEOPLE v. ANDRADE

301 A.D.2d 797 (2003)

755 N.Y.S.2d 107

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDY ANDRADE, Appellant.

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

Decided January 16, 2003.

Spain, J.

On February 10, 2000, defendant, an inmate at the Elmira Correctional Facility in Chemung County, was found to be in possession of a 7¼-inch sharpened metal rod. Thereafter, on September 7, 2000, defendant was charged with one count of promoting prison contraband in the first degree. After moving unsuccessfully to dismiss the indictment on due process grounds, defendant pleaded guilty to one count of attempted promoting prison contraband in the first...

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