MATTER OF JOHNSON v. GOORD


288 A.D.2d 525 (2001)

731 N.Y.S.2d 918

In the Matter of BERNARD JOHNSON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided November 1, 2001.


Petitioner was found guilty of violating the prison disciplinary rule that prohibits the unauthorized possession of a narcotic or controlled substance after a search of his cell disclosed a quantity of powder which laboratory tests subsequently identified as heroin. Petitioner asserts that the determination should be annulled on the ground that the search of his cell violated the terms of Department of Correctional Services Directive 4910 (V) (C) (1) (hereinafter the directive...

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