MATTER OF McCAIN v. GOORD


19 A.D.3d 910 (2005)

797 N.Y.S.2d 182

In the Matter of ADRIAN McCAIN, 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 23, 2005.


After a correction officer noticed a group of inmates acting suspiciously, a nearby area was searched and a rock in a sock was found on the floor, prompting an investigation. During the investigation, an inmate was found who had a head injury consistent with being struck with such a weapon. A confidential source implicated petitioner as the perpetrator of the attack and he was charged in a misbehavior report with assault, fighting and possessing a weapon. Following a tier...

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