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MATTER OF TAVAREZ v. NEW YORK CITY DEPARTMENT OF CORRECTION

50 A.D.3d 251 (2008)

854 N.Y.S.2d 384

In the Matter of JOSE TAVAREZ, Petitioner, v. NEW YORK CITY DEPARTMENT OF CORRECTION, Respondent.

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

Decided April 1, 2008.

The record reveals that during a search of petitioner's cell, a flat metal plate was discovered in the top gate cover of the entrance to the cell. Although petitioner argues, inter alia, that he did not have exclusive access to the area where the weapon was found, a reasonable inference of possession arises from the fact that the weapon was discovered in a location within petitioner's control (see Matter of Shackleford v Goord, 3 A.D.3d 622

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