PEOPLE v. PALMER

We reject defendant's contention that Penal Law § 205.00 (3) is an unconstitutional delegation of legislative authority. Initially we note that this court has previously considered and rejected this same argument (see, People v. Gholston, 130 A.D.2d 843, lv denied 70 N.Y.2d 799). In any event, the statute's definition of "contraband" clearly sets forth a constitutionally permissible standard and, therefore, the delegation of power to the Department of Correctional Services for the purpose of administering the law was proper (see, Matter of Shattenkirk v Finnerty, 97 A.D.2d 51, affd 62 N.Y.2d 949; McKinney's Cons Laws of NY, Book 1, Statutes § 3).

Casey, J.P., Weiss, Levine, Mercure and Crew III, JJ., concur. Ordered that the judgment is affirmed.