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MATTER OF FUGATE v. GOORD

277 A.D.2d 626 (2000)

715 N.Y.S.2d 770

In the Matter of BYRON FUGATE, Petitioner, v. GLENN S. GOORD, as Commissioner of the Department of Correctional Services, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 9, 2000.

Petitioner was found guilty of violating the prison disciplinary rule which prohibits the possession of a weapon after a search of his cell revealed a 6½-inch metal shank in a box labeled Domeboro found hidden behind a locker. The record reveals that petitioner had been issued the Domeboro medication three months earlier. The fact that petitioner did not have exclusive control over the area where the weapon was found is insufficient...

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