MATTER OF PULECIO v. GOORD


274 A.D.2d 786 (2000)

711 N.Y.S.2d 922

In the Matter of VICTOR A. PULECIO, Appellant, v. GLENN S. GOORD, 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.

Decided July 20, 2000.


Petitioner, a prison inmate, was found guilty of possessing a fermenting agent that could be used to manufacture alcohol. The misbehavior report alleged that during a search of petitioner's cell, correction officers confiscated a plastic container containing a liquid believed to be alcohol. Contrary to petitioner's contention, the nature of alcoholic beverages is a matter of common knowledge and, therefore, scientific testing is not required (see, Matter of Collins v Goord...

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