MATTER OF BAKER v. FISCHER

513507.

96 A.D.3d 1334 (2012)

96 N.Y.S.2d 909

2012 NY Slip Op 5229

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

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

June 28, 2012.


Petitioner was charged in two misbehavior reports with violating the prison disciplinary rules prohibiting possession of contraband (two counts) and possession of an altered item. At the tier III disciplinary hearing, petitioner pleaded guilty to all three charges. However, the Hearing Officer, upon review of the proof, found petitioner not guilty of one of the charges of possession of contraband. The determination was affirmed following administrative review, prompting the...

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