Barnes v. Bezio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
After correction officials received confidential information that petitioner was in possession of a weapon, petitioner was pat frisked and a sharpened metal rod with a cloth handle was found in the right front pocket of his pants. As a result, he was charged in a misbehavior report with possessing a weapon and was found guilty of this charge at the conclusion of a tier III disciplinary hearing. The determination was later affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.
We confirm. The misbehavior report, testimony of correction officials involved in the frisk…
2Cases cited8 opinions
- McLean v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
- Haynes v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
- Griffin v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Rivera v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Lopez v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by10 opinions
- Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
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- Lashway v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of McBride v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Amen v. JamesAppellate Division of the Supreme Court of the State of New York · 2012
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