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MATTER OF SIERRA v. FISCHER

510334.

82 A.D.3d 1436 (2011)

918 N.Y.S.2d 682

In the Matter of ALEJANDRO SIERRA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided March 17, 2011.

As a participant in the sex offender counseling and treatment program, petitioner, a prison inmate, signed an agreement to refrain from possessing pornography or any other materials of a sexual nature not approved by treatment staff. Thus, when a search of his cube revealed several books depicting sexual scenes, petitioner was charged with possessing materials in a prohibited area and refusing a direct order. Following a tier III...

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