IN THE MATTER OF DIAZ v. SMITH


54 A.D.3d 1080 (2008)

864 N.Y.S.2d 193

In the Matter of JOSE DIAZ, Petitioner, v. JAMES T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

September 11, 2008.


During a confidential investigation, an inmate disclosed that petitioner had given him marihuana in exchange for cigarettes and had threatened him when he was unable to pay off the remainder of the debt that he owed to petitioner. Petitioner was charged in a misbehavior report with making threats and possessing a controlled substance. He was found guilty of the charges following a tier III disciplinary hearing. The determination was later affirmed on administrative appeal...

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