MATTER OF ROMAN v. SELSKY


306 A.D.2d 723 (2003)

760 N.Y.S.2d 896

In the Matter of LOUIS ROMAN, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 19, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting possession of a controlled substance and possession of contraband. The evidence presented at his disciplinary hearing included two misbehavior reports. In the first, the reporting correction officer stated that during a pat frisk of petitioner, he discovered a small plastic bag secreted in the front flap of his boxer shorts. Laboratory testing identified the bag's contents as cocaine. In a...

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