MATTER OF GARCIA v. GOORD


270 A.D.2d 540 (2000)

703 N.Y.S.2d 924

In the Matter of ROBERT GARCIA, Petitioner, v. GLENN GOORD, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

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

Decided March 2, 2000.


Petitioner, a prison inmate, was found guilty of violating a prison disciplinary rule prohibiting the possession of narcotics. The misbehavior report alleged that petitioner, while on drug watch, informed a correction officer that he needed to defecate and, subsequently, produced a balloon filled with a narcotic that was later tested and discovered to be heroin.

At the hearing, petitioner pleaded guilty "with an explanation" to the charge, made no procedural objections...

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