MATTER OF THORPE v. FISCHER


53 A.D.3d 1003 (2008)

862 N.Y.S.2d 636

In the Matter of OMAR THORPE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 31, 2008.


Petitioner was charged in two misbehavior reports with various prison disciplinary rule violations. The first misbehavior report was prepared after petitioner was strip frisked and a razor blade was discovered secreted in his buttocks. He was charged with smuggling and possessing a weapon. The second misbehavior report was prepared following a search of petitioner's cell which uncovered, among other things, certain gangrelated written materials. He was charged with possessing...

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