People v. Diaz

— Mahoney, P. J.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered July 24, 1987, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

Defendant was indicted for promoting prison contraband in the first degree and attempted assault in the second degree for an incident on March 4, 1987 when he was an inmate at Elmira Correctional Facility in Chemung County and ran after another inmate with a board. The latter charge was dismissed at the close of the prosecution’s proof, but defendant was convicted of the former…