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MATTER OF TOAL v. FISCHER

512379.

93 A.D.3d 1052 (2012)

940 N.Y.S.2d 691

2012 NY Slip Op 2141

In the Matter of DANIEL TOAL, Appellant, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided March 22, 2012.

According to the misbehavior report, as petitioner exited the cell block on his way to the recreation area, he was directed to submit to a pat frisk, which revealed the presence of a "suspicious object" in the area of petitioner's groin. In the course of the ensuing strip frisk, petitioner reportedly admitted having contraband tied to his genitals, at which point he surrendered two plastic bags containing a green substance later...

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