MATTER OF LOPEZ v. LEONARDO


196 A.D.2d 916 (1993)

601 N.Y.S.2d 971

In the Matter of Edwin Lopez, Petitioner, v. Arthur A. Leonardo, as Superintendent of Great Meadow Correctional Facility, et al., Respondents

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

September 23, 1993


A search of petitioner's cell at Great Meadow Correctional Facility in Washington County resulted in the discovery of a nail clipper with a sharpened handle. The correction officer who discovered the clipper subsequently filed a misbehavior report charging petitioner with possession of a weapon in violation of prison disciplinary rules. At the Superintendent's hearing, the misbehavior report was read into evidence. Petitioner declined to call witnesses and did not request...

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