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MATTER OF GONZALEZ v. GOORD

8 A.D.3d 939 (2004)

779 N.Y.S.2d 602

In the Matter of MARCO GONZALEZ, 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.

June 24, 2004.

During the course of a tier III disciplinary hearing on a misbehavior report charging petitioner with using drugs, petitioner admitted that he had eaten pretzels containing poppy seeds. He turned the empty pretzel bag, which still contained some loose poppy seeds, over to the Hearing Officer. As a result, he was charged in a second misbehavior report with the possession of contraband. Following a tier III disciplinary hearing, he was found guilty of this charge, and this...

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