PEOPLE v. MONTGOMERY


8 A.D.3d 881 (2004)

779 N.Y.S.2d 626

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR MONTGOMERY, Appellant.

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

June 24, 2004.


Rose, J.

Defendant, a prison inmate, was charged in an indictment with two counts of promoting prison contraband in the first degree. At trial, two correction officers testified that after defendant set off a walk-through metal detector, he was searched and found to have two six-inch sharpened metal shanks wrapped in a sock in his pants pocket. In his testimony, defendant denied setting off the metal detector or having the shanks in his possession and asserted that...

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