Spain, J.
After a jury trial, defendant was found guilty of promoting prison contraband in the first degree arising out of an incident at Greene Correctional Facility in Greene County in which a correction officer observed him discard two sharpened metal rods. Defendant was sentenced as a second felony offender to a prison sentence of 3½ to 7 years, and his CPL 440.10 motion to vacate the judgment was denied. He now appeals from both the judgment and order.<...
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