MATTER OF SMITH v. FISCHER

514115.

100 A.D.3d 1314 (2012)

954 N.Y.S.2d 286

2012 NY Slip Op 8203

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

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

November 29, 2012.


Petitioner, an inmate, was found guilty of violating a disciplinary rule prohibiting possession of gang-related material. The misbehavior report states that during a search of petitioner's property upon his transfer from another facility, a photograph showing a gang-related hand gesture, 12 pages of material containing language consistent with a gang and two envelopes with names associated with a gang were confiscated. Contrary to petitioner's contentions, the misbehavior...

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