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PEOPLE v. ROSS

7 N.Y.3d 905 (2006)

861 N.E.2d 68

828 N.Y.S.2d 253

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EZIKEL ROSS, Appellant.

Court of Appeals of New York.

Decided December 14, 2006.

Attorney(s) appearing for the Case

Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy, David C. Schopp and Barbara J. Davies of counsel), for appellant.

Frank J. Clark, District Attorney, Buffalo (Tina Marie Stanford, Shawn P. Hennessy and J. Michael Marion of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant, serving a 20-year sentence for rape in the first degree and robbery in the first degree, was arrested for possession of a "shank" while incarcerated at Wende Correctional Facility. Indicted for promoting prison contraband in the first degree and criminal possession of a weapon in the third degree, he pleaded guilty to attempted criminal possession...

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