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MATTER OF TORRES v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION

519881

130 A.D.3d 1122 (2015)

11 N.Y.S.3d 748

2015 NY Slip Op 05735

In the Matter of GERMAN TORRES, 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 2, 2015.

During a search of petitioner's cell, a correction officer found numerous photographs, including those purportedly depicting persons making gang-related hand gestures, as well as a bottle of unauthorized prescription medication. As a result, petitioner was charged in a misbehavior report with possessing gang-related material and possessing unauthorized medication. He was found guilty of the charges following a tier III disciplinary hearing and the determination was later...

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