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MATTER OF MEDINA v. NEW YORK STATE DEPT. OF CORR. & COMMUNITY SUPERVISION

533714.

205 A.D.3d 1192 (2022)

166 N.Y.S.3d 610

2022 NY Slip Op 03167

In the Matter of Victor Medina, Petitioner, v. New York State Department of Corrections and Community Supervision, Respondent.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Victor Medina, Woodbourne, petitioner pro se.

Letitia James, Attorney General, Albany (Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald, Ceresia and Fisher, JJ., concur.

Petitioner was charged in a misbehavior report with possessing a weapon, possessing drugs, possessing contraband and tampering with state property. The drugs and contraband— consisting of two hand-rolled cigarettes—were discovered during an initial search of petitioner's cube, while the weapon/altered item—a sharpened plastic rod—was discovered during the course of packing up petitioner's cube. Petitioner...

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