MATTER OF SANCHEZ v. FISCHER

512469.

92 A.D.3d 1061 (2012)

937 N.Y.S.2d 902

2012 NY Slip Op 885

In the Matter of TYRON SANCHEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided February 9, 2012.


During rounds, a correction officer observed an inmate bleeding from his arm with what looked like a wound caused by a sharp implement. As petitioner was the only unsecured inmate in the area at the time, he was charged in a misbehavior report with assaulting an inmate, violent conduct, possession of a weapon and interference. Petitioner was found guilty of all charges following a tier III disciplinary hearing and that determination was affirmed upon administrative appeal...

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