People v. De Polanco

—Crew III, J.

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered October 16, 1998, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

*778Defendant was indicted and charged with promoting prison contraband in the first degree based upon his possession of a sharpened toothbrush handle. During the jury’s deliberations at trial, the jury inquired as to whether they must find that defendant possessed the particular sharpened toothbrush handle that had been admitted into evidence. In response to said question, County…