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People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 380 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

We agree with the People that heroin is "dangerous contraband" in that it is "capable of such use as may endanger the safety or security of a detention facility or any person therein" (Penal Law § 205.00; People v Watson, 162 A.D.2d 1015). We also agree with the People that the statute which defines the crime to which the defendant pleaded guilty (Penal Law § 205.25) is not unconstitutionally vague (see, People v Watson, supra; People v Miller, 106 A.D.2d 787; see also, People v Cwikla, 46 N.Y.2d 434 [Penal Law § 10.00 (13) defining dangerous instrument not void for vagueness]; People v Carter, 53 N.Y.2d 113, 116; People v White, 185 A.D.2d 460). Bracken, J.P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 380 (N.Y. App. Div. 1995)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL RIVERA, Appellant

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 380 (N.Y. App. Div. 1995)
633 N.Y.S.2d 507

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