NY Court: Small Amount of Marijuana in Prison Not a Felony

ALBANY, N.Y. (AP)  — New York’s top court says small amounts of marijuana in prison do not represent “dangerous contraband” under the law and ordered lower courts to reduce two convictions to misdemeanors with shorter sentences.

According to the Court of Appeals, Kyle Salters’ case involved 9.3 grams of marijuana that his girlfriend tried to bring him at Bare Hill Correctional Facility in 2003. Robert Finley had “three joints” in 2004 at Orleans Correctional Facility. Both were convicted of felonies, with Salters sentenced to two to four years and Finley to three to five years.

The court majority says the test for “dangerous contraband” is its likelihood to be used in a way that causes death, injury, escape or “other major threats” to prison safety or security.

source: http://www.1010wins.com/pages/2341609.php?


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