Samuel Davis was charged with possessing a weapon, contraband and an unauthorized item, after a correction officer found two large stones in a bag in Davis's cell.
The following day, when another officer found other prohibited items -- a "white sock with a rock inside, an orange T-shirt and hot pot" -- Davis was again charged with the same rule violation.
After two hearings were held, Davis was found guilty of all the charges. On administrative appeal, only the possession charge was dismissed.
When a special proceeding -- brought pursuant to CPLR Article 78 -- was filed with the Albany County Supreme Court, the case was transferred to the Appellate Division, Third Department.
Since Davis pled guilty to possession of contraband and an unauthorized item, he wasn't able to challenge those charges. And, after the AD3 reviewed the record, it thought the remaining charges were supported by the evidence and could find no support for Davis's contention that the Hearing Officers were "biased."
Maybe he should have a little talk with himself ?
To view a copy of the Appellate Division's decision, please use this link: Matter of Davis v. Fischer