People v. Merchant

Appeal by the defendant from a judgment of the County Court, Nassau County (O’Shaughnessy, J.), rendered March 5, 1985, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

At approximately 2:00 p.m. on February 15, 1984, several guards working in the Nassau County Correctional Center were conducting a routine search of the inmates’ cells for contraband and other disallowed items. When the defendant’s cell was searched, the officers found a small container of milk and a small box of cereal, which they…