MATTER OF BURGOS v. COMM'R OF NEW YORK STATE DEP'T OF CORR. SERVS.


252 A.D.2d 698 (1998)

677 N.Y.S.2d 802

In the Matter of Jorge Burgos, Petitioner, v. Commissioner of New York State Department of Correctional Services, Respondent

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

July 9, 1998


Petitioner was found guilty of violating the prison disciplinary rule which prohibits inmates from engaging in sexual acts. Received into evidence at petitioner's disciplinary hearing was the detailed misbehavior report authored by the facility librarian who observed petitioner masturbating at the end of a set of library shelves. This report, coupled with the librarian's corroborating testimony in which she explicitly described...

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