MATTER OF GANO v. VENETTOZZI

522461.

142 A.D.3d 1240 (2016)

38 N.Y.S.3d 626

In the Matter of JASON GANO, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 22, 2016.


Petitioner, a prison inmate, activated a walk-through metal detector, prompting a frisk and search that led to the discovery and seizure of two razor blades taped together and hidden in the hem of petitioner's coat. Thereafter, petitioner was charged in a misbehavior report with possessing a weapon, possessing an altered item and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of the three charges, and the determination was later affirmed...

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