MATTER OF SWEET v. POOLE


48 A.D.3d 867 (2008)

850 N.Y.S.2d 721

In the Matter of JACK SWEET, Petitioner, v. THOMAS M. POOLE, as Superintendent of Five Points Correctional Facility, et al., Respondents.

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

Decided February 14, 2008.


Petitioner, a prison inmate, was seen leaving a letter, promoting a takeover of the facility and threatening harm to the correction officers, on a window sill in a certain corridor of the facility. A search of his cell was thereafter conducted, resulting in the recovery of, among other things, a carbon copy of the subject letter, homemade alcohol and a lock inside a sock with a knot tied at one end. Petitioner was ultimately found guilty following a tier III disciplinary...

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