MATTER OF CLARK v. COUGHLIN


206 A.D.2d 567 (1994)

614 N.Y.S.2d 75

In the Matter of Frederick Clark, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of Correctional Services, et al., Respondents

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

July 7, 1994


There is substantial evidence in the record to support the finding that petitioner was guilty of possessing a weapon. The misbehavior report, which was written by the correction officer who found the instrument, states that the weapon was found in one of petitioner's shoes in his cell. The fact that the weapon was found in his cell gives rise to an inference of impropriety even where others may have had access to his cell. Petitioner's denials merely raised issues of credibility...

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