MATTER OF TOSTE v. FISCHER

512091.

95 A.D.3d 1511 (2012)

943 N.Y.S.2d 693

2012 NY Slip Op 3898

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

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

Decided May 17, 2012.


A correction officer heard a disturbance and headed to the television room where he observed petitioner on top of another inmate striking him with his hand in an up and down manner that suggested that he had a weapon. After the two were separated and petitioner was leaving the room, the officer noticed petitioner toss an object into a nearby cube. The object, which turned out to be a cutting-type weapon, was recovered from the nearby cube with remnants of blood and skin,...

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