People v Davey
2015 NY Slip Op 09515 [134 AD3d 1452]
December 23, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2016


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 The People of the State of New York, Respondent, v David M. Davey, Appellant. (Appeal No. 2.)

Charles A. Marangola, Moravia, for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Brian T. Leeds of counsel), for respondent.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.), rendered March 25, 2014. The judgment convicted defendant, upon a jury verdict, of promoting prison contraband in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Same memorandum as in People v Davey ([appeal No. 1] 134 AD3d 1448 [2015]). Present—Scudder, P.J., Centra, Carni, Valentino and DeJoseph, JJ.