Opinion
May 7, 1992
Appeal from the County Court of Chemung County (Castellino, J.).
We initially find no merit to defendant's contention that he was subjected to double jeopardy because the same incident gave rise to both a criminal indictment and 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 891; People v. Lane, 132 A.D.2d 855, lv denied 70 N.Y.2d 801). We likewise reject defendant's claim that the verdict was not supported by sufficient evidence and was against the weight of the evidence. The eyewitness testimony of the correction officer, who observed defendant place a metal rod on a window sill and then immediately recovered the rod, amply supports the jury's determination that defendant had committed the crime of promoting prison contraband in the first degree (see, People v. Brown, 176 A.D.2d 408, 409 lv denied 79 N.Y.2d 853). Finally, given defendant's extensive criminal record, we find unpersuasive the contention that County Court abused its discretion in imposing a prison sentence of 2 1/2 to 5 years (see, People v. Brown, supra, at 409; People v. Tarver, 135 A.D.2d 871, 872, lv denied 71 N.Y.2d 903).
Mikoll, J.P., Yesawich Jr., Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.