We initially find no merit to defendant's claim that he was subjected to double jeopardy because the same incident gave rise to both a criminal indictment as well as a prison disciplinary proceeding. This court has specifically rejected this argument (see, People v Frye, 144 A.D.2d 714, lv denied 73 N.Y.2d 981; People v Lane, 132 A.D.2d 855, lv denied 70 N.Y.2d 801) and, contrary to defendant's suggestion, we see no reason to reverse our position. Defendant also claims that County Court erred in refusing to charge the jury on the defense of justification. We have previously held, however, that justification is no defense to the crime of promoting prison contraband in the first degree as that crime does not involve the use of physical force (see, People v Diaz, 145 A.D.2d 833, 833-834, lv denied 73 N.Y.2d 1014). We have examined defendant's remaining contention and find it lacking in merit.
Mahoney, P.J., Mikoll, Yesawich Jr., Mercure and Harvey, JJ., concur. Ordered that the judgment is affirmed.