MATTER OF PEREZ v. GOORD


304 A.D.2d 939 (2003)

757 N.Y.S.2d 382

In the Matter of LEO PEREZ, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

Decided April 10, 2003.


Petitioner was served with a misbehavior report alleging that he violated the prison disciplinary rule that prohibits the unauthorized use of a controlled substance after his urine sample twice tested positive for the presence of cannabinoids. At the tier III hearing, petitioner pleaded guilty to the charge with an explanation that he was exposed to second-hand smoke due to his cellmate's use of marihuana. The Hearing Officer rejected petitioner's defense and found him guilty...

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