Petitioner, an inmate at Clinton Correctional Facility in Clinton County, was charged with use of a controlled substance in violation of State-wide rule 113.12 (see, 7 NYCRR 270.1 [b] [14] [iv]). At a Tier III disciplinary hearing, the results of two separate EMIT tests were received, each positive for the presence of cannabinoids in petitioner's urine. Petitioner was found guilty of the charge, punishment was imposed and, following...
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