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MATTER OF POWELL v. GOORD

293 A.D.2d 846 (2002)

741 N.Y.S.2d 581

In the Matter of EGAN POWELL, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

Decided April 11, 2002.

Mugglin, J.

While the correction officer who authored the misbehavior report was conducting a pat frisk, he discovered in petitioner's front pants pocket a plastic bag containing a green leafy substance. He personally gave the bag, with its contents, to a second correction officer who performed two NIK tests on the substance, both of which yielded positive results for the presence of marihuana. The misbehavior report and the testimony of the two officers constitute...

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