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People v. Casavilla

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 684 (N.Y. App. Div. 1991)

Opinion

December 5, 1991

Appeal from the County Court of Chemung County (Danaher, Jr., J.).


We initially find no merit to defendant's claim that he was subjected to double jeopardy because the same incident gave rise to both a criminal indictment as well as a prison disciplinary proceeding. This court has specifically rejected this argument (see, People v Frye, 144 A.D.2d 714, lv denied 73 N.Y.2d 981; People v Lane, 132 A.D.2d 855, lv denied 70 N.Y.2d 801) and, contrary to defendant's suggestion, we see no reason to reverse our position. Defendant also claims that County Court erred in refusing to charge the jury on the defense of justification. We have previously held, however, that justification is no defense to the crime of promoting prison contraband in the first degree as that crime does not involve the use of physical force (see, People v Diaz, 145 A.D.2d 833, 833-834, lv denied 73 N.Y.2d 1014). We have examined defendant's remaining contention and find it lacking in merit.

Mahoney, P.J., Mikoll, Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. Casavilla

Appellate Division of the Supreme Court of New York, Third Department
Dec 5, 1991
178 A.D.2d 684 (N.Y. App. Div. 1991)
Case details for

People v. Casavilla

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK CASAVILLA…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 5, 1991

Citations

178 A.D.2d 684 (N.Y. App. Div. 1991)

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