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MATTER OF GONZALEZ v. COUGHLIN

126 A.D.2d 800 (1987)

In the Matter of Patrick Gonzalez, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

January 8, 1987

Harvey, J.

Petitioner, an inmate at a State correctional facility, seeks to annul a determination finding him guilty of violating an institutional rule prohibiting the possession of marihuana. On July 10, 1985, Correction Officer L. Newell was ordered to frisk petitioner. As Newell and petitioner were ascending a flight of stairs to the area where the frisk was to take place, petitioner moved rapidly ahead...

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