People v. Soto

The issue raised herein has never been resolved by case law, legislative or executive memoranda.

The defendant, an inmate at the detention facility at Bikers Island, was found in possession of a cellophane bag containing a quantity of marijuana, a class A misdemeanor. The People charge him with violation of section 220.03 of the Penal Law, criminal possession of a controlled substance, and with promoting prison contraband in the first degree, section 205.25 of the Penal Law, a class D felony.

Defendant moves to reduce the latter charge to misdemeanor status as provided in section 205.20 of the…