MATTER OF CORNISH v. COUGHLIN


122 A.D.2d 495 (1986)

In the Matter of Lenny Cornish, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

July 31, 1986


Yesawich, Jr., J.

Evidence adduced at a Superintendent's proceeding disclosed that, on March 12, 1985 at Clinton Correctional Facility, a correction officer smelled marihuana smoke in a showroom area where petitioner was present. His glossy red eyes, garbled speech and vagueness of manner led the officer to suspect that petitioner had been using marihuana in violation of a disciplinary rule prescribed by the Department of Correctional Services (DOCS)...

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