Mahoney, P.J.Page 946
Defendant was an inmate at Elmira Correctional Facility when, on August 18, 1982, he was found in possession of a razor blade. An institutional disciplinary proceeding was conducted which resulted in defendant receiving as punishment a loss of "good time". Defendant was subsequently indicted by a Chemung County Grand Jury and charged with promoting prison contraband in the first degree. Defendant pleaded guilty as charged and was sentenced as a second felony offender to an indeterminate term of imprisonment of 1 1/2 to 3 years.
On this appeal, defendant challenges his conviction on the ground that a criminal prosecution for an offense which has already been the subject of a disciplinary proceeding at a State detention facility violates the constitutional prohibition against double jeopardy, and, also, on the ground that Penal Law § 70.06 is unconstitutional in that its mandatory sentence requirement denies equal protection under both the United States and New York State Constitutions.
This court has recently addressed both issues. A disciplinary determination imposing a loss of good time does not bar criminal prosecution of an inmate based on the same act ( People v Medina, 111 A.D.2d 946; People v. Briggs, 108 A.D.2d 1058). Further, there is no constitutional infirmity to the second felony offender statute ( People v. Saxbury, 95 A.D.2d 871, 872).
Judgment affirmed. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.