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BAD BEHAVIOR

Jose Carrasco was found guilty of various prison disciplinary rules, because he allegedly slapped his wife during a visit, and had asked family members to bring him some prescription medications.

On administrative review--by way of a proceeding pursuant to CPLR Article 78--the Albany County Supreme Court referred the matter to the Appellate Division, Third Department, which thought that the misbehavior reports, as well as the correction officers' testimony supported the charges.

(It rejected Carrasco's arguments that he was denied the opportunity to have his wife testify, because the Hearing Officer attempted to reach her by telephone. The claim that he had been wrongfully barred from a part of the hearing was also rejected because the exclusion had been due to Carrasco's "disruptive conduct.")

That was some smack.

To view a copy of the Appellate Division's decision, please use this link: Matter of Carrasco v. Fischer

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