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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAUL RIVERA, Appellant.

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; People v Watson, 162 A.D.2d 1015). We also agree with the People that the statute which defines the crime to which the defendant pleaded guilty (Penal Law § 205.25) is not unconstitutionally vague (see, People v Watson, supra; People v Miller, 106 A.D.2d 787; see also, People v Cwikla, 46 N.Y.2d 434 [Penal Law § 10.00 (13) defining dangerous instrument not void for vagueness]; People v Carter, 53 N.Y.2d 113, 116; People v White, 185 A.D.2d 460). Bracken, J.P., Santucci, Joy and Friedmann, JJ., concur.

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PEOPLE v. RIVERA
(Nov 6, 1995)