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New York Consolidated Laws

N.Y. Penal Law § 205.20 (2026)

Promoting prison contraband in the second degree

✓ current as of May 2026
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§ 205.20 Promoting prison contraband in the second degree.
  A person is guilty of promoting prison contraband in the second degree
when:
  1. He knowingly and unlawfully introduces any contraband into a
detention facility; or
  2. Being a person confined in a detention facility, he knowingly and
unlawfully makes, obtains or possesses any contraband.
  Promoting prison contraband in the second degree is a class A
misdemeanor.
Notes of Decisions
Cited in 48 cases (10 in the last 5 years), 1985–2025 · leading case: People v. Finley, 891 N.E.2d 1165 (NY 2008).
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People v. Finley, 891 N.E.2d 1165 (NY 2008). · cites it 5× “25, respectively], reprinted in NY CLS, Book 23B, Penal Law art 205, at 495-496; see also Denzer and *656 McQuillan, Practice Commentary, McKinney's Cons Laws of NY, Book 39, Penal Law § 205.20, at 674 [1967 ed] [current sections 205.”
People v. Green, 119 A.D.3d 23 (N.Y. App. Div. 2014). ““Contraband” is defined as “any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order” (Penal Law § 205.00 [3])' — the introduction, procurement, possession or manufacture of which…”
People v. Gillyard, 920 N.E.2d 344 (NY 2009). “Possession of such a key by a prisoner is a violation of Department of Correction rules, and of Penal Law § 205.20 (1). In opposition to the People’s motion, defense counsel had argued that the evidence was of no relevance to the case and that it was simply being offered to…”
People v. Hernandez, 42 A.D.3d 657 (N.Y. App. Div. 2007). “Turning to the lesser included charge requested herein, we note that the sole distinction between promoting prison contraband in the first and second degrees is that the lesser offense requires only that the inmate knowingly and unlawfully possessed “any contraband” (Penal Law §…”
People v. Robinson, 2020 NY Slip Op 2950 (N.Y. App. Div. 2020). “25 [2]), while the second degree charge only requires proof of "any contraband" (Penal Law § 205.20 [2]). No reasonable view of the evidence supports the claim that the scalpel-type blade was contraband, but not dangerous contraband ( see People v Carralero , 9 AD3d at 791 ).”
People v. McDermott, 507 N.E.2d 1081 (NY 1987). · cites it 2× “Defendant, a correction officer at Elmira Correctional Facility, appeals from an order of County Court reinstating an information charging him with promoting prison contraband in the second degree by knowingly and intentionally selling whiskey to an inmate (see, Penal Law §…”
People v. Brown, 2 A.D.3d 1216 (N.Y. App. Div. 2003). “The difference between promoting prison contraband in the first degree and promoting prison contraband in the second degree is whether the contraband can be properly characterized as dangerous (see Penal Law §§ 205.20, 205.25).”
People v. Stanley, 19 A.D.3d 1152 (N.Y. App. Div. 2005). “[b]eing a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any contraband” (Penal Law § 205.20 [2]). “A person is guilty of promoting prison contraband in the first degree when[,] .”
People v. Simmons, 2020 NY Slip Op 3350 (N.Y. App. Div. 2020). · cites it 2× “We nevertheless conclude that the evidence is legally sufficient to support a conviction of the lesser included offense of promoting prison contraband in the second degree (Penal Law § 205.20 [1]). Accordingly, we modify the judgment by reducing the conviction of promoting…”
People v. Cooper, 67 A.D.3d 1254 (N.Y. App. Div. 2009). “The offense of promoting prison contraband in the first degree prohibits possession of “dangerous contraband” and is punishable as a felony, whereas promoting prison contraband in the second degree prohibits possession of “contraband” and is pun *1256 ishable as misdemeanor…”
People v. Salters, 30 A.D.3d 903 (N.Y. App. Div. 2006). “1 By comparison, promoting prison contraband in the second degree, a class A misdemeanor, is defined in identical terms except it proscribes introduction or possession of “contraband” (Penal Law § 205.20 [2]), defined as anything which “a person confined in a detention facility…”
People v. McLamore, 2021 NY Slip Op 00926 (N.Y. App. Div. 2021). “We therefore modify the judgment by reducing the conviction of promoting prison contraband in the first degree under count five of the indictment to promoting prison contraband in the second degree (Penal Law § 205.20 [1]; see CPL 470.15 [2] [a]) and vacating the sentence…”
Show all 48 citing cases →
— N.Y. Penal Law § 205.20(1) — 4 cases
Matter of Levine, 2021 NY Slip Op 06047 (N.Y. App. Div. 2021).
People v. Charles, 2025 NY Slip Op 51961(U) (Kings Criminal Ct. 2025).
Matter of Levine, 2021 NY Slip Op 06047 (N.Y. App. Div. 2021).
Matter of Levine, 2022 NY Slip Op 07155 (N.Y. App. Div. 2022).
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