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PEOPLE v. RIZZO

301 A.D.2d 682 (2003)

753 N.Y.S.2d 194

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS RIZZO, Appellant.

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

Decided January 2, 2003.

Mugglin, J.

When exiting the dining hall at Elmira Correctional Facility in Chemung County, defendant, like all other inmates, was required to walk through a metal detector. Once through, defendant was randomly selected for a "pat down" frisk. At that point, he pulled a sharpened plastic shank from his pants, threw it on the floor and ran. At his trial on the subsequent indictment, defendant testified that voices in his...

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