IN THE MATTER OF JOHNSON v. GOORD


7 A.D.3d 901 (2004)

776 N.Y.S.2d 639

In the Matter of BERNARD JOHNSON, 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.

May 13, 2004.


Petitioner challenges a determination finding him guilty of violating the prison disciplinary rule that prohibits the possession of a weapon after a 7½-inch sharpened weapon was found secreted in a vent hole in petitioner's locker. Although petitioner argues that the cell was not searched in accordance with departmental directives when he moved into it 5½ months earlier, this is insufficient to overcome the reasonable inference of possession which arises from the...

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