IN THE MATTER OF CARGILL v. GOORD


29 A.D.3d 1255 (2006)

814 N.Y.S.2d 831

In the Matter of HERMAN CARGILL, 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 25, 2006.


After a correction officer felt an unknown object in petitioner's groin area during a pat frisk, petitioner was strip frisked and found to be in possession of a plastic shank with a cloth handle and string lanyard, which appeared to be crafted from a cooking utensil. Petitioner was charged in a misbehavior report with smuggling and possession of a weapon. He was found guilty of the charges following a tier III disciplinary hearing...

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