Legal Opinion

Sierra v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 2011PublishedCited by 17 opinions

1Opinion of the Court

As a participant in the sex offender counseling and treatment program, petitioner, a prison inmate, signed an agreement to refrain from possessing pornography or any other materials of a sexual nature not approved by treatment staff. Thus, when a search of his cube revealed several books depicting sexual *1437scenes, petitioner was charged with possessing materials in a prohibited area and refusing a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of both charges and that determination was affirmed on administrative review. This CPLR article 78 proceeding…

2Cases cited6 opinions

  1. Arriaga v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
  2. Minton v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  3. Linares v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Benvenutti v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  5. Wilson v. KadienAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by17 opinions

  1. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Bilal v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Gittens v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Matter of Mohamed v. PrackAppellate Division of the Supreme Court of the State of New York · 2016
  5. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

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