MATTER OF COLLINS v. ANNUCCI

522834.

146 A.D.3d 1261 (2017)

2017 NY Slip Op 00524

45 N.Y.S.3d 699

In the Matter of JUNIOR COLLINS, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided January 26, 2017.


While walking past petitioner's cell, a correction officer observed petitioner attempting to roll a marihuana cigarette, prompting petitioner to flush the suspected cigarette down the toilet located in his cell. A subsequent cell frisk by that correction officer revealed a small quantity of a green leafy substance that later tested positive for marihuana, and petitioner was charged in a misbehavior report with, as relevant here, drug possession. Following a tier III disciplinary...

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