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MATTER OF BENTON v. COUTURE

269 A.D.2d 642 (2000)

703 N.Y.S.2d 558

In the Matter of TYRONE BENTON, Petitioner, v. EARL A. COUTURE, as Superintendent of Gouverneur Correctional Facility, Respondent.

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

Decided February 3, 2000.

Spain, J.

Following a tier II hearing, petitioner, a prison inmate, was found guilty of violating the prison disciplinary rules that prohibit smuggling, damaging State property, theft of State property and possession of stolen property. According to the misbehavior report authored by the facility librarian, the charges stem from an incident wherein petitioner attempted to mail an envelope containing portions of a damaged...

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