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MATTER OF HERNANDEZ v. GOORD

295 A.D.2d 737 (2002)

743 N.Y.S.2d 336

In the Matter of RAFAEL HERNANDEZ, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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 rule prohibiting inmates from possessing weapons. As charged in the misbehavior report, petitioner was one of a group of inmates who were watching television in a facility recreation room when he became annoyed at another inmate for changing the channel. Petitioner went back to his cube, retrieved a sharpened metal rod and then confronted the inmate in question, challenging...

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