MATTER OF WALKER v. FISCHER

507297.

71 A.D.3d 1309 (2010)

896 N.Y.S.2d 522

In the Matter of TYRONE WALKER, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 18, 2010.


While walking past petitioner's cell on August 17, 2008, a correction officer observed petitioner holding a note indicating that he would give $20 in exchange for cigarettes and matches. After reporting this to his supervisor, the officer passed by petitioner's cell the following day and again observed him holding the same note. On his second round that day, the officer stopped at petitioner's cell at which time petitioner gave him a $20 bill that had been enclosed in plastic...

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