People v. Rivera

• Decision Date: 06 November 1995
• Citation: 633 N.Y.S.2d 507,221 A.D.2d 380
• Parties: The PEOPLE, etc., Respondent, v. Raul RIVERA, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 507

633 N.Y.S.2d 507

221 A.D.2d 380

The PEOPLE, etc., Respondent, v. Raul RIVERA, Appellant.

Supreme Court, Appellate Division,

Second Department.

Nov. 6, 1995.

Ethel P. Ross, Rye, for appellant.

Francis D. Phillips II, District Attorney, Goshen (Gerald D. D'Amelia, Jr., of counsel; Debbie Ting, on the brief), for respondent.

Before BRACKEN, J.P., and SANTUCCI, JOY and FRIEDMANN, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Orange County (Byrne, J.), rendered June 6, 1994, convicting him of promoting prison contraband in the first degree, upon his plea of guilty, and imposing sentence.

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[4]; People v. Watson, 162 A.D.2d 1015, 557 N.Y.S.2d 803). We also agree with the People that the statute which defines the crime to which the defendant pleaded guilty (Penal Law § 205.25[2] is not unconstitutionally vague (see, People v. Watson, supra; People v. Miller, 106 A.D.2d 787, 484 N.Y.S.2d 183; see also, People v. Cwikla, 46 N.Y.2d 434, 414 N.Y.S.2d 102, 386 N.E.2d 1070 [Penal Law § 10.00(13) defining dangerous instrument not void for vagueness]; People v. Carter, 53 N.Y.2d 113, 116, 440 N.Y.S.2d 607, 423 N.E.2d 30; People v. White, 185 A.D.2d 460, 586 N.Y.S.2d 337).