Appellate Division of the Supreme Court of the State of New York March 27, 2008 (Fratello v. Farrell)

Lahtinen, J.

A search of petitioner’s prison cell recovered an altered electrical wire, an AM/FM radio and an “off duty permit” card signed by a facility deacon allowing petitioner to possess the radio. As a result, petitioner was charged in a misbehavior report with possession of contraband, unauthorized exchange and tampering with an electrical device.