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IN THE MATTER OF THORPE v. FISCHER

503988

2008 NY Slip Op 06485

IN THE MATTER OF OMAR THORPE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Omar Thorpe, Attica, petitioner pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Peters, J.P., Spain, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND JUDGMENT

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 gang-related written materials...

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