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MATTER OF TANKLEFF v. COUGHLIN

210 A.D.2d 815 (1994)

620 N.Y.S.2d 578

In the Matter of Martin Tankleff, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Corrections, et al., Respondents

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

December 29, 1994

Cardona, P. J.

A search of petitioner's cell revealed a gallon of fermenting fruit juice.* The brew tested positive as 7% alcohol. Petitioner was charged with and found guilty of possession of an alcoholic beverage in violation of a State-wide rule. The circumstances of the search and subsequent testing was set forth in a misbehavior report authored by one of the searching correction officers; the report was endorsed by a...

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