PEOPLE v. JONES (1999)

Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered April 3, 1995, convicting defendant, after a jury trial, of promoting prison contraband in the first degree, and sentencing him to a term of 2 1/313 to 7 years, unanimously affirmed.

 Defendant's motion to suppress his statement was properly denied.   The record fails to support defendant's claim that he asserted his right to remain silent (see, People v. Morton, 231 A.D.2d 927, 647 N.Y.S.2d 897, lv. denied 89 N.Y.2d 944, 655 N.Y.S.2d 895, 678 N.E.2d 508).   Defendant's use of the phrase, “That's it.   That's what happened”, when read in context, did not express a request to cut off interrogation.

 The evidence was legally sufficient to establish that defendant acted in concert with others to “introduce” (Penal Law § 205.25) a gun into the detention facility, as the court defined that term for the jury without objection (see, People v. Dekle, 56 N.Y.2d 835, 452 N.Y.S.2d 568, 438 N.E.2d 101).   The evidence established that, although defendant did not initially bring the gun onto the premises, he aided two inmates in their possession of the gun by providing them with a means of safely storing the gun to prevent its confiscation.   Moreover, the evidence permitted the inference that defendant also removed the gun from the premises and brought it back to return to the inmates.

MEMORANDUM DECISION.