People v. Fair
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J. P.
On October 31, 1997, while defendant was an inmate at Elmira Correctional Facility in Chemung County, his prison cell was randomly selected and searched as part of a standard security measure employed by the facility. During the inspection, conducted by Correction Officer Bart Wagner, Wagner looked beneath defendant’s sink and found a piece of cardboard placed against the wall. Moving the cardboard revealed an 18-inch hole in the wall. Approximately 12 inches inside the hole, Wagner found State-issue green inmate pants and a shirt, both stuffed with…
2Cases cited19 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. GuidiceNew York Court of Appeals · 1994
- People v. WilliamsNew York Court of Appeals · 1994
- People v. CabeyNew York Court of Appeals · 1995
- People v. RiveraNew York Court of Appeals · 1995
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3Cited by6 opinions
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- United States v. DesenaCourt of Appeals for the Second Circuit · 2002
- People v. TunstallAppellate Division of the Supreme Court of the State of New York · 2017
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