MATTER OF SWINDELL v. COUGHLIN


215 A.D.2d 855 (1995)

626 N.Y.S.2d 329

In the Matter of Darryl Swindell, 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.

May 11, 1995


Upon review of the record, we find that there is substantial evidence to support the determination that petitioner was guilty of possessing contraband classified as a weapon. The undisputed evidence established that six ball bearings were discovered in petitioner's cell secreted in a dental floss container. Contrary to petitioner's claim that he found these ball bearings at the site of his work detail and was keeping them in his cell until he had an opportunity to notify...

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