MATTER OF LEE v. DEPARTMENT OF CORRECTIONAL SERVICES

518205

120 A.D.3d 1497 (2014)

992 N.Y.S.2d 451

2014 NY Slip Op 06230

In the Matter of MICHAEL LEE, Petitioner, v. DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided September 18, 2014.


As petitioner was returning to his cell from the academic school area of the prison, he was found to be carrying a handwritten description of how to build an explosive device. He was accordingly charged in a misbehavior report with possessing both contraband and material concerning the construction or use of a explosive device, as well as smuggling. After a subsequent search of his cell disclosed additional documents pertaining to bombs and bomb making, as well as an item...

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