June 10, 2005.
Appeal from an order of the Wyoming County Court (Mark H. Dadd, J.), entered August 26, 2004. The order, insofar as appealed from, granted defendant's motion in part and reduced count one of the indictment to promoting prison contraband in the second degree.
GERALD L. STOUT, DISTRICT ATTORNEY, WARSAW, FOR PLAINTIFF-APPELLANT.
NORMAN P. EFFMAN, PUBLIC DEFENDER, ATTICA (NEAL J. MAHONEY OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Before: Pigott, Jr., P.J., Green, Gorski, Smith and Hayes, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.
Same memorandum as in People v. Stanley ( 19 AD3d 1152).