PEOPLE v. HUNTER

1140 KA 15-01408.

145 A.D.3d 1546 (2016)

2016 NY Slip Op 08697

44 N.Y.S.3d 668

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE HUNTER, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2016.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of promoting prison contraband in the first degree (Penal Law § 205.25 [2]). Contrary to defendant's contention, County Court properly refused to suppress the hand-made weapon removed from defendant's pocket during a pat frisk without conducting a hearing. Although defense counsel stated that he was...

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