MATTER OF MITCHELL v. COOMBE


238 A.D.2d 648 (1997)

655 N.Y.S.2d 685

In the Matter of Paul Mitchell, Jr., Petitioner, v. Philip Coombe, Jr., as Commissioner of Correctional Services, et al., Respondents

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

April 3, 1997


As a result of a nine-inch broken broom handle being found in the leg of petitioner's bed, petitioner was charged with, and found guilty of, possession of a weapon "by description, use or appearance". Petitioner contends that the determination is not supported by substantial evidence because it was not established that the broom handle was in his possession. However, as the broom handle was found in petitioner's cell, a reasonable inference may be drawn that he possessed...

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