MATTER OF CRUZ v. WALSH

511306.

87 A.D.3d 1234 (2011)

930 N.Y.S.2d 298

2011 NY Slip Op 6610

In the Matter of DAVID CRUZ, Petitioner, v. JAMES WALSH, as Superintendent of Sullivan Correctional Facility, Respondent.

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

Decided September 29, 2011.


Petitioner was found to be in possession of a bag, containing what appeared to be clothing, that had been left for him by another inmate. When a correction officer asked him questions about the bag, petitioner responded that it contained his laundry, including a pair of sneakers that he had wanted cleaned but that were rejected. The officer proceeded to open the bag and found numerous items of clothing as well as a brand new pair of sneakers, size 12, which were not listed...

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