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MATTER OF GOMEZ v. NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

NO. 523229

147 A.D.3d 1140 (2017)

46 N.Y.S.3d 296

2017 NY Slip Op 00708

In the Matter of LOUIS GOMEZ, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided February 2, 2017.

Following a search of petitioner's cube, a correction officer found a weapon on the inside of the door to petitioner's locker that was secured to the metal ledge with a magnet. The weapon consisted of eight sharpened metal wires taped to the barrel of a pen. Following a tier III disciplinary hearing, petitioner was found guilty of possessing a weapon, and that determination was affirmed upon administrative appeal with a modified...

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