MATTER OF CARVALHO v. COUGHLIN


176 A.D.2d 387 (1991)

In the Matter of Charles Carvalho, Petitioner, v. Thomas A. Coughlin, as Commissioner of Correctional Services, et al., Respondents

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

September 12, 1991


Casey, J.

Petitioner, an inmate at Southport Correctional Facility in Chemung County, was charged with violating inmate rules concerning the possession of contraband. It is undisputed that during the course of a frisk of petitioner's cell, two flat metal bars, each about three feet long, were found under petitioner's mattress. At the hearing, petitioner presented an affidavit of inmate Robert Woody in which Woody stated that he took the metal bars from...

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