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IN THE MATTER OF ROSARIO v. GOORD

25 A.D.3d 841 (2006)

807 N.Y.S.2d 442

In the Matter of JESUS ROSARIO, 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.

January 5, 2006.

While petitioner was confined in a dry cell,* a nurse came into check his vital signs and put an oral thermometer into his mouth. While removing the thermometer, the nurse observed a lime green circular item about the size of a dime underneath petitioner's tongue. When the nurse questioned him about the object, he swallowed it and denied having anything in his mouth. He was charged in a misbehavior report with possessing contraband, smuggling...

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