People v. Nolasco

Kane, J. P.

Appeal from a judgment of the County Court of Chemung County (Castellino, J.), rendered December 6, 1985, upon a verdict convicting defendant of the crime of promoting prison contraband in the first degree.

Following an altercation with another inmate in the prison yard at Elmira Correctional Facility in Chemung County, defendant was observed dropping an object to the ground by a correction officer standing some 5 to 10 yards away. The officer later testified at defendant’s trial that he proceeded immediately to the scene, never removing his eyes from the object on the ground and…