MATTER OF SHA DAVIS v. MURPHY


289 A.D.2d 769 (2001)

733 N.Y.S.2d 819

In the Matter of SHA SHA DAVIS, Petitioner, v. ROBERT MURPHY, as Director of Special Housing/Inmate Disciplinary Programs, et al., Respondents.

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

Decided December 13, 2001.


Petitioner was the subject of a misbehavior report charging him with violating the prison disciplinary rules that prohibit the unauthorized possession of a controlled substance and the unauthorized exchange of personally owned items. The reporting correction officer testified that he had observed petitioner in the act of handing a second inmate a small yellow piece of paper that had been folded over and taped shut to make a packet. The second inmate slipped it into his right...

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