MATTER OF TOOMER v. GOORD


290 A.D.2d 860 (2002)

736 N.Y.S.2d 763

In the Matter of DERRON TOOMER, 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 January 24, 2002.


Rose, J.

Petitioner was found guilty of violating the prison disciplinary rules prohibiting possession of contraband and narcotics after a random search of his cell revealed a green, leafy substance hidden in the bottom of a deodorant container. Petitioner was the only resident of the cell, and a subsequent test of the substance was positive for marihuana.

The evidence presented at petitioner's disciplinary hearing included the misbehavior report and the testimony...

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