MATTER OF WALKER v. FISCHER

515436.

107 A.D.3d 1273 (2013)

967 N.Y.S.2d 255

2013 NY Slip Op 4664

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

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

Decided June 20, 2013.


Before conducting a pat frisk on petitioner, a correction officer asked him if he had any contraband on him. After petitioner denied having any contraband, the officer found a broken piece of a mirror taped to the bottom of petitioner's foot. He was thereafter charged in a misbehavior report with possessing a weapon and making a false statement. Following a tier III disciplinary hearing, he was found guilty of both charges. That determination was upheld upon administrative...

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