MATTER OF McMILLIAN v. SELSKY


268 A.D.2d 936 (2000)

702 N.Y.S.2d 679

In the Matter of FREDERICK McMILLIAN, Petitioner, v. DONALD SELSKY, as Director of Special Housing Unit, New York Department of Correctional Services, et al., Respondents.

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

Decided January 27, 2000.


Petitioner, a prison inmate, was found guilty of lewd exposure in violation of a prison disciplinary rule after a nurse witnessed petitioner masturbating in his cell. Although petitioner pleaded not guilty to the charge, he did admit that he was masturbating at the time of the incident and that the nurse did witness the incident. He, however, contends that his exposure was unintentional and that he was unaware that his cellmate had made a sick call. Contrary to petitioner...

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