People v. Canty

OPINION OF THE COURT

George J. Pulver, Jr., J.

Factual Background

Indictment 00-081 charges defendant with one count of the class D felony of promoting prison contraband in the first degree (see, Penal Law § 205.25 [2]) for actions which allegedly occurred at Coxsackie Correctional Facility on April 19, 2000. Namely, defendant is accused of possessing “a razor type weapon with a tape handle and a tape and string sheath.” After the People’s presentation of their case at trial, the defense moved for a trial order of dismissal (see, CPL 290.10 [1]) on numerous bases of the People’s alleged proof…