MATTER OF SALMON v. COUGHLIN


159 A.D.2d 881 (1990)

In the Matter of Robert Salmon, 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.

March 29, 1990


Casey, J.

Petitioner, a prisoner at Eastern Correctional Facility in Ulster County, was charged in a misbehavior report with violating an institutional rule which prohibits inmates from possession of controlled substances. The report was based on a random frisk conducted at the yard gate by Correction Officer W. Young, who authored the report. The frisk of petitioner revealed "what was believed to be (7) seven rolled marijuana cigarettes" in petitioner...

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