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MATTER OF McLEAN v. FISCHER

63 A.D.3d 1468 (2009)

In the Matter of DENNIS McLEAN, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 25, 2009.

Petitioner was frisked by correction officers during a routine visit to receive medication and was found to have a razor blade melted into a toothbrush hidden in his waistband. After its discovery, petitioner repeatedly struck the officer who frisked him, and assaulted several other officers during the ensuing struggle to subdue him. Petitioner was subsequently charged in a misbehavior report with assaulting staff members, possession...

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