MATTER OF CRUZ v. FISCHER

511952.

94 A.D.3d 1296 (2012)

942 N.Y.S.2d 673

2012 NY Slip Op 2911

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

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

Decided April 19, 2012.


While inmates were returning from the recreation yard, a correction sergeant observed one inmate with a large gash on the left side of his face. This inmate stated that he was cut by an unknown inmate while exiting the yard. During the ensuing investigation, the sergeant learned through confidential sources that an individual matching petitioner's description had perpetrated the attack and then discarded the weapon in a water drain by the soccer field. The weapon, which consisted...

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