MATTER OF HERRERA-MARTINEZ v. SELSKY


294 A.D.2d 633 (2002)

740 N.Y.S.2d 889

In the Matter of FRANCISCO HERRERA-MARTINEZ, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided May 2, 2002.


Petitioner was the subject of a misbehavior report which charged him with smuggling and conspiring to introduce narcotics into the correctional facility. At petitioner's disciplinary hearing, an investigator from the Inspector General's office testified that he had been investigating a woman known as Candy, who was suspected of transferring narcotics to inmates. As part of the investigation, he had monitored telephone calls made to Candy by petitioner during which he instructed...

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