PEOPLE v. GAUSE


50 A.D.3d 1392 (2008)

856 N.Y.S.2d 287

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARLYN M. GAUSE, Appellant.

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

Decided April 24, 2008.


Malone Jr., J.

On October 12, 2005, correction officials at Elmira Correctional Facility in Chemung County ordered a general frisk of cells on the gallery where defendant was housed. During the frisk, defendant was handcuffed and removed from his cell to an area where he was directed to sit on a special chair, known as the BOSS chair, that detected metal objects. Defendant was twice asked if he had metal objects on his person and, following his denials, the BOSS chair...

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