IN THE MATTER OF HAMM v. SUPERINTENDENT OF MOHAWK CORRECTIONAL FACILITY


24 A.D.3d 1146 (2005)

807 N.Y.S.2d 193

In the Matter of JEFFERY HAMM, Petitioner, v. SUPERINTENDENT OF MOHAWK CORRECTIONAL FACILITY, Respondent.

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

December 29, 2005.


When he was unable to produce his state identification card for a correction officer, petitioner was pat frisked and found to be in possession of one half of a pill which he claimed was a muscle relaxer. Thereafter, petitioner's cell was searched and a correction officer recovered an outdated prescription packet, as well as an empty soda can filled with ashes and cigarette butts. Petitioner was charged in a misbehavior report with failing to carry his state identification...

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