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MATTER OF BROWN v. NEW YORK STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

518044.

119 A.D.3d 1205 (2014)

989 N.Y.S.2d 401

2014 NY Slip Op 5396

In the Matter of ROHAN BROWN, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION et al., Respondents.

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

Decided July 17, 2014.

After 12 empanadas were discovered hidden in petitioner's bag during a search at the yard gate, petitioner was charged in a misbehavior report with smuggling and theft of state property. At the ensuing tier II disciplinary hearing, petitioner pleaded guilty to the smuggling charge and was found guilty of the theft of state property charge. The determination was affirmed on administrative appeal and this CPLR article 78 proceeding...

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