MATTER OF RODRIGUEZ v. FISCHER


120 A.D.3d 855 (2014)

990 N.Y.S.2d 375

2014 NY Slip Op 05673

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

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

Decided August 7, 2014.


During a search of petitioner's cell, a correction officer found a letter to petitioner requesting that he contact another inmate's mother to set up a drug transaction. Upon being interviewed, petitioner confirmed that the letter was about smuggling drugs into the correctional facility. Consequently, petitioner was charged in a misbehavior report with engaging in an unauthorized exchange, possessing drugs, smuggling, exchanging personal identification numbers and violating...

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