PEOPLE v. PEREA


27 A.D.3d 960 (2006)

812 N.Y.S.2d 673

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERASMO PEREA, Appellant.

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

March 23, 2006.


Carpinello, J.

While confined in Elmira Correctional Facility in Chemung County, defendant was found to be in possession of a five-inch sharpened plexiglass shank and was thereafter indicted for the crime of promoting prison contraband in the first degree. At trial, the People established that defendant was acting nervous and suspicious as he sat in a telephone booth in a recreation area of the facility. Specifically, a correction officer on rounds in the area observed...

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