IN THE MATTER OF HORTON v. ALLARD


25 A.D.3d 1048 (2006)

810 N.Y.S.2d 226

In the Matter of MICHAEL HORTON, Petitioner, v. MICHAEL J. ALLARD, as Superintendent of Franklin Correctional Facility, et al., Respondents.

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

January 26, 2006.


Petitioner was charged in a misbehavior report with conspiring to introduce narcotics and soliciting others to smuggle items into the correctional facility. The misbehavior report relates that petitioner's girlfriend was arrested when attempting to visit petitioner while in possession of marihuana. The girlfriend admitted that on several occasions petitioner had solicited her to smuggle marihuana, obtained from petitioner's sister...

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