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MATTER OF PEDRAZA v. FISCHER

65 A.D.3d 1434 (2009)

886 N.Y.S.2d 237

In the Matter of ANTONIO PEDRAZA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided September 24, 2009.

During a search of petitioner's cell, correction officers found a makeshift weapon consisting of two can lids melted into a toothbrush handle, as well as four pills, identified by a facility nurse as a prescription drug. As a result, petitioner was charged in a misbehavior report with possessing a weapon and possessing unauthorized medication. After the search and while being escorted to the special housing unit, petitioner engaged...

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