MATTER OF BARNER v. GOORD


252 A.D.2d 719 (1998)

677 N.Y.S.2d 803

In the Matter of Jerome Barner, Petitioner, v. Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents

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

July 9, 1998


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit prisoners from possessing weapons and contraband. The misbehavior report stated that a correction officer searched petitioner's cell and found a wooden awl with a steel point 5½ inches long under petitioner's mattress. The misbehavior report, which was signed by the two correction officers who witnessed the incident and described...

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