MATTER OF RIVERA v. GOORD


47 A.D.3d 1141 (2008)

850 N.Y.S.2d 282

In the Matter of EDDIE RIVERA, 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 24, 2008.


Petitioner was charged in a misbehavior report with violating various prison disciplinary rules after a strip search resulted in the discovery of a two-inch razor weapon. Petitioner pleaded guilty to interference, refusing a direct order and refusing frisk procedures and, after a tier III hearing, was found guilty of possessing a weapon. The determination was affirmed upon administrative appeals, prompting this proceeding.

Petitioner's plea of guilty precludes him...

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