PEOPLE v. MARTINEZ


34 A.D.3d 859 (2006)

823 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FABIO MARTINEZ, Respondent.

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

Decided November 2, 2006.


Mercure, J.P.

In June 2005, while defendant was an inmate at Greene Correctional Facility in Greene County, correction officers discovered marihuana in his possession with a total aggregate weight of 0.13 grams. Defendant was charged in a two-count indictment with promoting prison contraband in the first degree and unlawful possession of marihuana. Defendant moved for, among other things, dismissal of the indictment or, in the alternative, the reduction of count one...

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