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People v. Biblioni

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2005
23 A.D.3d 395 (N.Y. App. Div. 2005)

Opinion

2003-06594.

November 7, 2005.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered June 25, 2003, convicting him of promoting prison contraband in the first degree, upon a jury verdict, and imposing sentence.

Philip H. Schnabel, Chester, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.

Before: H. Miller, J.P., Cozier, Ritter and Dillon, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, he was not denied his right to a speedy trial pursuant to CPL 30.30 ( see People v. Anderson, 66 NY2d 529; People v. Miller, 298 AD2d 409). Further, the People established a sufficient chain of custody for the so-called "shank" entered into evidence during trial ( see People v. Julian, 41 NY2d 340; People v. Connelly, 35 NY2d 171).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.


Summaries of

People v. Biblioni

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2005
23 A.D.3d 395 (N.Y. App. Div. 2005)
Case details for

People v. Biblioni

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS BIBLIONI, Also…

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

Date published: Nov 7, 2005

Citations

23 A.D.3d 395 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8334
803 N.Y.S.2d 445