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MATTER OF HERNANDEZ v. COUGHLIN

206 A.D.2d 578 (1994)

614 N.Y.S.2d 580

In the Matter of Jose Hernandez, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, Respondent

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

July 7, 1994

According to the correction officer who authored one of the misbehavior reports and witnessed the incident at issue, he observed petitioner lunge at a fellow inmate with a weapon. The officer testified that he saw the weapon petitioner used and threw away as he was fleeing, and the officer positively identified the weapon upon its subsequent retrieval. This evidence, along with the other documentary and testimonial evidence presented...

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