MATTER OF MATTHEWS v. GOORD


47 A.D.3d 1043 (2008)

849 N.Y.S.2d 132

In the Matter of LUKE MATTHEWS, 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.

Decided January 10, 2008.


While petitioner was in the visiting room with his wife, a correction officer observed a large bulge in the left front pocket of petitioner's pants as he started walking toward the bathroom. The officer ordered petitioner to stop, but he proceeded to partially enter the bathroom. When he exited, he was pat frisked, but the bulge was gone. The bathroom had been searched shortly before petitioner's entry and was found to be clean. It was searched again after petitioner's exit...

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