MATTER OF DAVIS v. PRACK


58 A.D.3d 977 (2009)

872 N.Y.S.2d 565

In the Matter of SAMUEL DAVIS, Petitioner, v. ALBERT PRACK, Respondent.

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

January 15, 2009.


Petitioner was charged in a misbehavior report with violating various prison disciplinary rules after a random pat frisk and subsequent examination revealed contraband secreted in petitioner's dreadlocks, namely, two razor-type weapons and substances that later tested positive for the presence of marihuana and heroin. A tier III disciplinary hearing ensued, after which petitioner was found guilty of all violations and a penalty was imposed. Following an unsuccessful administrative...

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