Opinion
February 22, 1996
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Defendant was found with a razor blade in his possession while confined at a State correctional facility. He subsequently pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced to a prison term of 1 1/2 to 3 years to run consecutive to the sentence he was then serving. On appeal, defendant argues that this criminal prosecution is barred by the doctrine of double jeopardy because he was punished for the same incident as the result of a prior prison disciplinary hearing. Inasmuch as we have previously rejected claims such as this ( see, People v. Nunez, 186 A.D.2d 317, lv denied 81 N.Y.2d 765; People v. Frye, 144 A.D.2d 714, lv denied 73 N.Y.2d 891), we find defendant's argument to be without merit. We further find that the sentence imposed is neither harsh nor excessive given the nature of the crime and the fact that the sentence imposed was the most lenient permitted by statute.
Cardona, P.J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed.