People v. Bingham

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered March 25, 2003, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

Defendant, an inmate at Elmira Correctional Facility in Chemung County, was indicted and charged with promoting prison contraband in the first degree by reason of his possession of a seven-inch sharpened plastic shank discovered after a pat frisk as defendant was proceeding to the facility’s recreation area. Following an unsuccessful attempt to have the indictment dismissed on the basis of…