MATTER OF SMITH v. PRACK

513569.

98 A.D.3d 780 (2012)

949 N.Y.S.2d 806

2012 NY Slip Op 5874

In the Matter of JIMMY SMITH, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided August 2, 2012.


Correction officials discovered two hardback razors sent through the mail to petitioner at the correctional facility where he was incarcerated as well as a letter revealing that petitioner had requested such items be sent to him. As a result, he was charged in a misbehavior report with conspiring to possess a weapon, smuggling and violating facility correspondence procedures. Shortly thereafter, petitioner's cell was searched and correction officials found a letter containing...

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