Legal Opinion

People v. Mckanney

Appellate Division of the Supreme Court of the State of New York

Decided November 26, 2008Published

1Opinion of the CourtLahtinen, J.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered August 24, 2007, *1050convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

Defendant contends that it was reversible error not to conduct a hearing regarding his motion challenging, as an illegal search, an X ray of his pelvis at the maximum security prison where he was incarcerated. Based upon anonymous tips from an inmate informant indicating that defendant had secreted a weapon in his rectal cavity, facility personnel conducted a strip search and…

2Cases cited7 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Hudson v. PalmerSupreme Court of the United States · 1984
  3. People v. LongNew York Court of Appeals · 2007
  4. People v. LongAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. PaganAppellate Division of the Supreme Court of the State of New York · 2003

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