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IN THE MATTER OF CHARLES v. SELSKY

13 A.D.3d 861 (2004)

785 N.Y.S.2d 798

In the Matter of GERALD CHARLES, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

December 16, 2004.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit altering an authorized item and possession of a weapon. According to the misbehavior report, a metal nail file imbedded in a pen and sticking out about three quarters of an inch was found in petitioner's locker. The fact that the contraband was found in an area within petitioner's control gives rise to an inference that...

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