MATTER OF EBANKS v. GOORD


263 A.D.2d 588 (1999)

693 N.Y.S.2d 675

In the Matter of JAMES EBANKS, Petitioner, v. GLENN S. GOORD, as Commissioner, New York State Department of Correctional Services, Respondent.

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

Decided July 1, 1999.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from possessing weapons after a search of his cell uncovered a razor-type weapon with a taped handle in petitioner's bed post. Although petitioner denied that the weapon was his, an inference of possession arises that the weapon was his inasmuch as it was found within a cell that petitioner had occupied for five weeks (see, Matter of...

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