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MATTER OF MABERY v. COUGHLIN

168 A.D.2d 879 (1990)

In the Matter of Fred Mabery, Petitioner, v. Thomas Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

December 27, 1990

The misbehavior report was written by the correction officer who conducted the search of petitioner's coat which revealed the weapon at issue. Furthermore, the report was corroborated by a photograph of the weapon and the testimony of two additional eyewitnesses to the incident (see, Matter of Hernandez v LeFevre, 150 A.D.2d 954, lv denied 74 N.Y.2d 615). Petitioner's claim that the weapon was not his and was placed...

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