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MATTER OF SCOTT v. COOMBE

238 A.D.2d 648 (1997)

656 N.Y.S.2d 953

In the Matter of Thomas H. Scott, Petitioner, v. Philip Coombe, 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

Petitioner was found guilty of violating a prison disciplinary rule that prohibits possession of a weapon. This charge was the result of a routine search of petitioner's cell which disclosed, among other things, a razor blade taped to the bottom of petitioner's locker. Because petitioner admitted that the locker was his, an area under petitioner's control, an inference of possession arises that the weapon was his, even if access...

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