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IN THE MATTER OF BARCA v. GOORD

19 A.D.3d 772 (2005)

797 N.Y.S.2d 153

In the Matter of HAMILCAR BARCA, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

June 9, 2005.

Crew III, J.

In October 2003, correction officers conducted a search of petitioner's cell, during the course of which one of them discovered a razor-type weapon secreted between the toilet and the cell wall. As a result, petitioner was charged with possession of a weapon and, following a tier III disciplinary hearing, was found guilty as charged. Following an administrative appeal, whereupon the penalty imposed was reduced...

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