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PEOPLE v. ALMAREZ

2 A.D.3d 1151 (2003)

770 N.Y.S.2d 165

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ALMAREZ, Appellant.

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

December 24, 2003.

Mercure, J.

Defendant, an inmate at Coxsackie Correctional Facility in Greene County, was charged in an indictment with committing the crime of promoting prison contraband in the first degree (see Penal Law § 205.25 [2]) after he was observed during a prison melee with a sharpened metal rod in his hand. Following a jury trial, defendant was convicted as charged and sentenced to a prison term of 3½ to 7 years...

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