MATTER OF GONZALEZ v. GOORD


2 A.D.3d 1173 (2003)

768 N.Y.S.2d 710

In the Matter of EDDIE GONZALEZ, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 24, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting possession of controlled substances and smuggling after a correction officer observed him transferring an envelope on a drag line running from his cell to that of another inmate. Subsequent laboratory testing identified the contents of the envelope as marihuana.

Substantial evidence of petitioner's guilt was presented at his disciplinary hearing in the form of the misbehavior report...

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