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ROLL THE VIDEOTAPE!

videotape_nyreblog_com_.JPGIn Matter of Hizbullahankhamon v Fischer , Qabail Hizbullahankhamon, an inmate at Wyoming County Jail, was wheeling a food cart when -- unbeknownst to him -- another inmate left a brown paper bag containing a "pornographic videotape" on the cart.

When the cart was returned to a corrections officer, the bag was examined and the "contraband" found.

After a hearing, Qabail was found guilty of possession and smuggling of contraband, and, when a case was filed seeking administrative review of that outcome, the dispute was transferred by the Wyoming County Supreme Court to the Appellate Division, Fourth Department.

In this instance, the AD4 couldn't find any proof Qabail had collaborated with the other inmate or was even aware of the contraband's existence. Without "substantial evidence" Qabail knowingly violated prison rules, all references to the incident were expunged from his record.

If you ask us, any other result would have been pornographic.

j0309736.gifTo download a copy of the Appellate Division's decision, please use this link:  Matter of Hizbullahankhamon v Fischer

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