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PEOPLE v. APONTE

60 A.D.3d 1199 (2009)

874 N.Y.S.2d 646

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE APONTE, Appellant.

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

Decided March 19, 2009.

Stein, J.

While defendant was incarcerated at Ogdensburg Correctional Facility in St. Lawrence County, correction officer Kenneth Race found a sharpened piece of metal in defendant's pocket during a search. Defendant was charged with promoting prison contraband in the first degree. Defendant was found guilty as charged in the indictment, prompting this appeal. We affirm.

Defendant's conviction was based upon legally...

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