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MATTER OF HERNANDEZ v. LeFEVRE

150 A.D.2d 954 (1989)

In the Matter of Marcos Hernandez, Petitioner, v. E. S. LeFevre, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

May 25, 1989

Weiss, J.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, was charged with violating prison disciplinary rules prohibiting gambling (7 NYCRR 270.1 [b] [21]), possession of contraband (7 NYCRR 270.1 [b] [14] [xiii]) and possession of a weapon (7 NYCRR 270.1 [b] [14] [ii]). A misbehavior report dated October 22, 1986 authored by a correction officer stated that while packing petitioner's personal belongings in his cell on that...

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