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MATTER OF FELICIANO v. COUGHLIN

206 A.D.2d 571 (1994)

614 N.Y.S.2d 80

In the Matter of Jose Feliciano, Jr., Petitioner, v. Thomas A. 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.

July 7, 1994

Petitioner admitted that the altered plastic spoons found in his cell were his but claimed that they were altered in order to reheat certain foods. This raised questions of credibility for the Hearing Officer to resolve. Petitioner's admissions, along with the misbehavior report and the evidence presented at the hearing, constituted substantial evidence to support the finding of guilt of the weapons charge. Contrary to petitioner...

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