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NOT SHARP ENOUGH

Found guilty of violating prison rules for possessing a "weapon"--that is, a toothbrush with a sharpened point--inmate Leon Greathouse challenged that determination by way of an Article 78 proceeding, which got transferred to the Appellate Division, Third Department.

Because "any item" is potentially classifiable as a weapon, the appellate court deferred to the hearing officer's review of the evidence and examination of the toothbrush.

Greathouse had to have bristled at that.

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

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