Opinion
March 16, 1990
Appeal from the Cayuga County Court, Contiguglia, J.
Present — Callahan, J.P., Doerr, Green, Pine and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant, an inmate at the Auburn Correctional Facility, was convicted of one count of promoting prison contraband in the first degree after correction officers, acting on a tip from an inmate-informant, frisked defendant and discovered a shank hidden in his right sneaker. The court properly denied defendant's request to compel disclosure of the informant's identity because defendant failed to make a sufficient showing of the need for such disclosure (see, People v Goggins, 34 N.Y.2d 163, 169, cert denied 419 U.S. 1012).
We reject defendant's contention that, to sustain his conviction, the People were required to demonstrate that prison officials complied with Correction Law § 138 (5). The requirements of Correction Law § 138 (5) are irrelevant in a Penal Law prosecution (see, People v McMillan, 134 A.D.2d 773, 774, lv denied 71 N.Y.2d 899; People v Quintana, 71 A.D.2d 764, 765). Here, the People were required to prove that defendant possessed this shank knowing that his possession of it violated the rules of the institution. Although defendant denied that he possessed the shank, his testimony that he knew possession of such an object was against prison rules is sufficient to support the conviction.