MATTER OF WEAVER v. GOORD


301 A.D.2d 770 (2003)

754 N.Y.S.2d 67

In the Matter of JAMES WEAVER, 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 9, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting smuggling and the unauthorized possession of controlled substances. The charges arose out of a confidential investigation which disclosed that petitioner had been selling marihuana and heroin. Petitioner challenges the sufficiency of the evidence presented against him on the ground that no controlled substances were ever found in his possession. It is well settled, however, that substantial...

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