MATTER OF WILSON v. GOORD


47 A.D.3d 1102 (2008)

850 N.Y.S.2d 272

In the Matter of DERRICK WILSON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided January 17, 2008.


After a search of petitioner's prison cell recovered a piece of metal flashing that appeared to have been removed from a part of the cell and was sharpened to a point at one end, he was charged in a misbehavior report with possession of a weapon, possession of an altered item and destruction of state property. At the conclusion of the ensuing tier III disciplinary hearing, petitioner was found guilty of possessing a weapon and possessing an altered item, but not guilty of...

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