Rose, J.
Defendant, an inmate at Elmira Correctional Facility in Chemung County, was indicted and charged with promoting prison contraband in the first degree for having in his possession a 7 3/8-inch broken piece of plastic mirror discovered during a pat frisk following an altercation with another inmate. Defendant moved unsuccessfully to have the indictment dismissed on the ground that he was not afforded an opportunity to testify before the grand jury, he entered...
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