MATTER OF MATTHEWS v. FISCHER

513181.

95 A.D.3d 1529 (2012)

944 N.Y.S.2d 681

2012 NY Slip Op 3914

In the Matter of LUKE MATTHEWS, 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.


ROSE, J.

After confidential information was received by the Inspector General's office that petitioner was conspiring to smuggle drugs into the correctional facility in which he was incarcerated, petitioner's telephone calls were monitored and recorded. As a result of those calls, prison officials believed that petitioner was, indeed, conspiring with his family, and when petitioner's wife came to visit several weeks later, she was intercepted by officials. Because...

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