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MATTER OF LEE v. DALSHEIM

92 A.D.2d 895 (1983)

In the Matter of Calvin Lee, Appellant, v. Stephen Dalsheim, as Superintendent of Downstate Correctional Facility, Respondent

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

March 14, 1983

Judgment reversed, on the law, without costs or disbursements, petition granted, determination annulled, and the charge against petitioner is dismissed. In light of petitioner's credible explanation as to his innocent possession of the contraband and the lack of any evidence to refute this explanation, the challenged determination lacks any support...

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