MATTER OF JAMES v. COUTURE


266 A.D.2d 604 (1999)

697 N.Y.S.2d 768

In the Matter of GEORGE JAMES, Petitioner, v. EARL A. COUTURE, as Superintendent of the Gouverneur Correctional Facility, et al., Respondents.

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

Decided November 4, 1999.


Mercure, J.

In two misbehavior reports joined for a tier III hearing, petitioner was charged with possession of a narcotic, failure to comply with frisk orders, failure to comply with direct orders and physical interference with an employee. The charges arose out of a search of petitioner's cell. The search revealed a white powdery substance, prompting a strip frisk of petitioner during which petitioner was seen putting something in his mouth. During the ensuing struggle...

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