Crew III, J.
Defendant, an inmate at Elmira Correctional Facility in Chemung County, was indicted and charged with promoting prison contraband in the first degree by reason of his possession of a seven-inch sharpened plastic shank discovered after a pat frisk as defendant was proceeding to the facility's recreation area. Following an unsuccessful attempt to have the indictment dismissed on the basis of preindictment delay, defendant was
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