MATTER OF TORRES v. FISCHER

514086.

106 A.D.3d 1342 (2013)

965 N.Y.S.2d 390

2013 NY Slip Op 3717

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

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

Decided May 23, 2013.


Petitioner, a prison inmate, was charged in a misbehavior report with possession of drugs, smuggling and violating visiting procedures. The charges arose out of an incident where a correction officer observed another inmate hand petitioner a small, dark object in the visit room area. The correction officer ordered that petitioner and the other inmate be frisked and, minutes later, a dark balloon was found on the floor where petitioner had been standing when the exchange had...

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