MATTER OF DAUGHTRY v. BEZIO

510811.

84 A.D.3d 1623 (2011)

922 N.Y.S.2d 664

In the Matter of MAURICE DAUGHTRY, Petitioner, v. NORMAN BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided May 19, 2011.


During a search of petitioner's cell, a correction officer found two ice pick-type weapons, one secreted in the pilaster of the cell and the second secreted in the cell track. The officer also found an altered pen and pencil. As a result, petitioner was charged in a misbehavior report with possessing a weapon and possessing an altered item. He was found guilty of the charges at the conclusion of a tier III disciplinary hearing. The determination was later affirmed on administrative...

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