Petitioner was found guilty of violating the prison disciplinary rule which prohibits the possession of a controlled substance after a search of his cell uncovered a plastic fingertip of marihuana in a pocket of a sweatshirt. The misbehavior report together with the positive test results indicating marihuana provide substantial evidence to support the determination of petitioner's guilt (
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MATTER OF MOLEY v. SELSKY
245 A.D.2d 588 (1997)
664 N.Y.S.2d 843
In the Matter of James Moley, Petitioner, v. Donald Selsky, as Director of Special Housing Unit, Inmate Disciplinary Program for the Department of Correctional Services in New York State, Respondent
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
December 4, 1997
December 4, 1997
Appellate Division of the Supreme Court of the State of New York, Third Department.
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