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MATTER OF GIOE v. SELSKY

269 A.D.2d 644 (2000)

705 N.Y.S.2d 81

In the Matter of RENATO GIOE, Petitioner, v. DONALD SELSKY, as Director of the Special Housing Unit, Respondent.

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

Decided February 3, 2000.

Following a disciplinary hearing, petitioner, a prison inmate, was found guilty of exchanging drugs in violation of a prison disciplinary rule. According to the misbehavior report, a correction officer observed petitioner pass a package to another inmate in a "very suspicious" manner. When the other inmate was frisked, it was discovered that the package contained a substance which later was shown to be marihuana. Contrary to petitioner...

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