Based upon a correction officer's observation of petitioner's unusual behavior and the smell of marihuana in the area where petitioner was located, a urine sample was collected from petitioner (see, 7 NYCRR 1020.4 [a] [1]). Petitioner was charged with, and ultimately found guilty of, violating the prison disciplinary rule which prohibits inmates from using a controlled substance after his urine twice tested positive for the presence of cocaine. Petitioner's claim that...
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