MATTER OF FIGUEROA v. LACY


260 A.D.2d 765 (1999)

688 N.Y.S.2d 721

In the Matter of ALEX FIGUEROA, Petitioner, v. PETER J. LACY, as Superintendent of Bare Hill Correctional Facility, et al., Respondents.

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

Decided April 8, 1999.


Petitioner, a prison inmate, was found guilty of violating the prison disciplinary rule which prohibits inmates from possessing weapons. Petitioner challenges the determination contending that it is not based upon substantial evidence. We disagree. An X ray of petitioner's rectal cavity revealed a metal object resembling a razor blade wrapped in a sheath. Although no weapon was ever found, the author of the misbehavior report and another correction officer testified that...

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