MATTER OF CURRY v. FISCHER

516503

113 A.D.3d 981 (2014)

980 N.Y.S.2d 165

2014 NY Slip Op 401

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

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

Decided January 23, 2014.


Correction officials received anonymous information that petitioner was in possession of and had been smoking marihuana. As a result, a correction sergeant directed two officers to pat frisk petitioner and search his cell. After one of the officers felt a suspicious object in the fly of petitioner's underwear, petitioner was moved to the barbershop area where he was strip frisked. During the frisk, a partially smoked, hand-rolled cigarette, containing what appeared to be...

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