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MATTER OF FOWLER v. FISCHER

514513.

106 A.D.3d 1344 (2013)

965 N.Y.S.2d 254

2013 NY Slip Op 3719

In the Matter of JAMARR FOWLER, 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.

While escorting a group of inmates back from the gym, a correction officer noticed a bulge in the top of petitioner's right sock. After the officer ordered him to empty his pockets and place his items on a nearby heater, petitioner reached for his sock. In response, the officer forced him against the wall causing petitioner to drop a razor-type weapon that he had retrieved. Other correction officers assisted and a struggle ensued...

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