MATTER OF CARAWAY v. HERBERT


285 A.D.2d 778 (2001)

726 N.Y.S.2d 825

In the Matter of RAYNARD CARAWAY, Petitioner, v. VICTOR T. HERBERT, as Superintendent of Attica Correctional Facility, et al., Respondents.

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

Decided July 12, 2001.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit violent conduct, assaulting another inmate, possession of a weapon and disobeying a direct order. According to the misbehavior report, petitioner was seen leaving the victim's cell with a three-inch weapon and ignored orders from a correction officer to stop. The victim was found to have suffered a three-inch cut on the side of his face. Notwithstanding the fact...

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