MATTER OF DeJESUS v. MAYES

532829.

196 A.D.3d 992 (2021)

148 N.Y.S.3d 406

2021 NY Slip Op 04530

In the Matter of Roberto DeJesus, Petitioner, v. R. Mayes, as Hearing Officer, et al., Respondents.

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

Decided July 22, 2021.


Attorney(s) appearing for the Case

Roberto DeJesus, Attica, petitioner pro se.

Letitia James , Attorney General, Albany ( Owen Demuth of counsel), for respondents.

Egan Jr., J.P., Clark, Aarons, Pritzker and Colangelo, JJ., concur.


A search of petitioner's prison cell revealed a commercially manufactured folding knife with a three-inch blade, which had been wrapped in, among other things, white toilet paper and hidden inside of a laundry detergent box located on top of a light fixture. As a result, petitioner was charged in a misbehavior report with possessing a weapon and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of possessing a weapon but not guilty of smuggling...

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