MATTER OF NIMMONS v. FISCHER

507043

68 A.D.3d 1311 (2009)

2009 NY Slip Op 9123

890 N.Y.S.2d 202

In the Matter of ROBERT NIMMONS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided December 10, 2009.


After receiving a confidential tip that petitioner was carrying a weapon, a correction officer approached petitioner and observed him carrying a wad of tissue paper in his hand. Petitioner initially refused the officer's orders to drop the tissue paper, but eventually complied and a search of the paper revealed a razor blade wrapped in tape and covered by a sheath. Petitioner was charged in a misbehavior report with possessing a weapon and failing to obey a direct order....

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