People v. Lowe

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered September 17, 2004, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree.

While an inmate at Elmira Correctional Facility in Chemung County, defendant was involved in a physical altercation with another inmate. As a result, he was charged with violating prison disciplinary rules prohibiting assault, fighting and weapon possession. Defendant pleaded guilty to the fighting charge but, following a tier III disciplinary hearing, was found not guilty…