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MATTER OF NIEVES v. GOORD

2 A.D.3d 1173 (2003)

768 N.Y.S.2d 711

In the Matter of ORLANDO NIEVES, 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.

December 24, 2003.

Petitioner challenges a determination finding him guilty of violating the prison disciplinary rules that prohibit the unauthorized possession of money and possession of drugs. The charges stem from the discovery of $160, cocaine and heroin hidden inside a pilaster* which was accessible from inside petitioner's cell. Notwithstanding the fact that other inmates had access to the area where the contraband was found, the fact that the contraband was...

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