People v. Hurd

Yesawich, Jr., J.

Appeal from a judgment of the County Court of Clinton County (Garvey, J.), rendered November 15, 1988, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

On January 13, 1988, two correction officers from Clinton Correctional Facility in Clinton County searched defendant’s *842cell and discovered a sharpened metal rod lodged within the mattress. At trial, more than a year later, neither officer could make an in-court identification of defendant as the individual who had occupied the cell. Defendant, however, acknowledged that the…