LANFRANCO v. FISCHER

514716.

105 A.D.3d 1235 (2013)

962 N.Y.S.2d 824

2013 NY Slip Op 2629

In the Matter of JOSE LANFRANCO, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 18, 2013.


Petitioner was strip-frisked and a piece of glass measuring one inch by five eighths of an inch was found wrapped in masking tape hidden inside the front fly seam of petitioner's boxer shorts. As a result, he was charged in a misbehavior report with possessing a weapon. Later that day, petitioner's cell was searched and a variety of items were recovered leading to a second misbehavior report charging him with possessing an altered item and possessing contraband. A tier III...

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