MATTER OF MILLER v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES


295 A.D.2d 714 (2002)

743 N.Y.S.2d 632

In the Matter of JELAN MILLER, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided June 13, 2002.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting violent conduct, assault on an inmate, possession of a weapon and participation in unauthorized organizational activities. The misbehavior report relates that petitioner, a member of an inmate gang known as the "Crips," attacked an inmate whom he believed to be a member of a rival gang known as the "Bloods," cutting him above his left eye with a razor-type weapon. Evidence presented at the...

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