By SUE BOTSFORD
PLATTSBURGH — A inmate's conviction in Clinton County Court is partially overturned by a state appeals court.
Lamale McCrea, while an inmate at Clinton Correctional Facility in 2000, was charged with first-degree promoting prison contraband and unlawful possession of marijuana after he was found in possession of 10.94 grams of marijuana.
According to the Appellate Division of the State Supreme Court, McCrea asked that the conviction on his plea to promoting prison contraband be thrown out. Judge Kevin Ryan denied that request Jan. 5, 2008.
The justices wrote that based on a decision by the State Court of Appeals in 2008, the charge of promoting prison contraband must be dismissed.
That ruling stated that less than 25 grams of marijuana does not constitute dangerous contraband under the Penal Law.
Therefore, McCrea's possession of 10.94 grams of marijuana, in absence of aggravating circumstances, does not legally constitute possession of dangerous contraband.
E-mail Sue Botsford at: botsford@westelcom.com
