IN THE MATTER OF McCANN v. GOORD


4 A.D.3d 712 (2004)

771 N.Y.S.2d 918

In the Matter of LYMAN McCANN, 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.

February 26, 2004.


While in the facility exercise yard, petitioner was seen by a correction officer smoking a thinly-rolled cigarette and passing it to another inmate. When the two inmates noticed correction officers approaching, petitioner quickly left the area and the other inmate attempted to discard the cigarette. The cigarette was recovered and subsequent testing of the cigarette yielded positive results for marihuana. Contrary to petitioner's contention, the misbehavior report written...

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