MATTER OF PEREZ v. GOORD


306 A.D.2d 677 (2003)

759 N.Y.S.2d 920

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 June 12, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting possession of marihuana and smuggling. As related in the misbehavior report, a correction officer observed petitioner on the bleachers in the facility's gymnasium passing a hand-rolled cigarette to another inmate. The cigarette was confiscated and subsequent laboratory testing identified its contents as marihuana.

Included in the evidence presented at petitioner's disciplinary hearing...

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