MATTER OF COLON v. GOORD


274 A.D.2d 732 (2000)

710 N.Y.S.2d 716

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

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

Decided July 13, 2000.


Following a tier III hearing, petitioner, a prison inmate, was found guilty of possession of a weapon. The misbehavior report alleged that a six-inch metal rod, sharpened to a point, was discovered in petitioner's cell. While petitioner asserts that the cell was not searched before he moved into it and that he had only been in the cell for a week, this is insufficient to negate the inference of petitioner's possession given the misbehavior report and the lack of any testimony...

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