IN THE MATTER OF ENGLES v. FISCHER

509546.

78 A.D.3d 1410 (2010)

913 N.Y.S.2d 783

In the Matter of JESSIE ENGLES, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided November 18, 2010.


While petitioner was in line to enter the law library, a routine pat frisk of inmates was conducted and the folder that petitioner was carrying was searched by a correction officer. Inside the folder, the officer found documents, some of which had been altered, including a photocopy of a check for a substantial sum of money made out to petitioner and a law firm. As a result, petitioner was charged in a misbehavior report with smuggling...

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