IN THE MATTER OF THOMAS CROSS v. GOORD


19 A.D.3d 990 (2005)

798 N.Y.S.2d 181

In the Matter of THOMAS CROSS, 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 30, 2005.


After a correction officer noticed that petitioner's speech was impaired, he was ordered to spit out a packet that he was hiding under his tongue. The packet was found to contain 18 smaller packets of a substance that later tested positive for heroin. Petitioner was charged in a misbehavior report with possession of a controlled substance and was found guilty of the charge following a tier III disciplinary hearing. The determination was upheld on administrative appeal, resulting...

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