Appellate Division of the Supreme Court of the State of New York September 29, 2011 (Cole v. New York State Department of Correctional Services)

Petitioner, an inmate, sent a letter to his son who was incarcerated at another correctional facility. The letter, however, was not received by petitioner’s son as it was deemed unauthorized and was returned. When it was later opened, the letter revealed that petitioner had put a hit on another inmate and requested his son to follow through.