People v. Soto

In People v. Soto (77 Misc 2d 427 [Crim Ct, Bronx County 1974]), the court examined the same language in the recently enacted statute. While at that point in time the court regarded as speculative the likelihood of danger and security concerns to which the corrections representative attested here, the court nonetheless found the argument plausible and the concerns legitimate. Nonetheless, the court also found nothing in the loosely worded statute to indicate a legislative intent to include drugs of any sort within the definition of dangerous contraband. The Soto court pointedly noted that it lacked the authority to redefine the statute, by "judicial fiat," to include what the Legislature did not include. (Supra, at 429.)