MATTER OF WASHINGTON v. FISCHER

511745.

85 A.D.3d 1484 (2011)

926 N.Y.S.2d 208

2011 NY Slip Op 5401

In the Matter of VISCOUNT WASHINGTON, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided June 23, 2011.


While attempting to visit petitioner at the correctional facility where he was incarcerated, petitioner's wife was found by a correction investigator to be in possession of a significant quantity of tobacco. She revealed to the investigator that she had conspired with petitioner to bring tobacco and marihuana into the correctional facility and had done so on numerous prior occasions. As a result, petitioner was charged in a misbehavior report with smuggling and conspiring...

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