People v. Rizzo

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered March 15, 2002, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

When exiting the dining hall at Elmira Correctional Facility in Chemung County, defendant, like all other inmates, was required to walk through a metal detector. Once through, defendant was randomly selected for a “pat down” frisk. At that *683point, he pulled a sharpened plastic shank from his pants, threw it on the floor and ran. At his trial on the subsequent indictment, defendant testified that…