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MATTER OF PARRA v. FISCHER

508333

76 A.D.3d 724 (2010)

907 N.Y.S.2d 345

In the Matter of EDWIN PARRA, Petitioner, v. BRIAN FISCHER as Commissioner of Correctional Services, Respondent.

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

Decided August 5, 2010.

While two correction officers were searching petitioner's cell, one of them observed packaging tape around the toilet and, upon further inspection, noticed that toilet paper was stuffed between the toilet and the wall which was covered with toothpaste and paint. The officer removed the paper and, with the assistance of the other officer, recovered an eight-inch plexiglass shank from a hole in the wall next to the toilet. The officers...

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