MATTER OF SANCHEZ v. LEONARDO


242 A.D.2d 798 (1997)

661 N.Y.S.2d 1014

In the Matter of Kabinson B. Sanchez, Petitioner, v. Arthur A. Leonardo, as Superintendent of Greene Correctional Facility, Respondent

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

September 11, 1997


After a search of his cell revealed a container of orange-colored liquid, petitioner was charged with, and ultimately found guilty of, violating a prison disciplinary rule prohibiting inmates from possessing alcoholic beverages. The nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required (see, Matter of Lanham v Coombe, 233 A.D.2d 629, 630). The correction officers'...

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