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MATTER OF KIRBY v. LECLAIRE, JR.

47 A.D.3d 1174 (2008)

850 N.Y.S.2d 300

In the Matter of ANDRE KIRBY, Petitioner, v. LUCIEN J. LECLAIRE, JR., as Commissioner of Correctional Services, Respondent.

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

Decided January 31, 2008.

An investigation revealed that petitioner, a prison inmate, asked his wife to bring marihuana and DVDs into the facility during a visit. When she subsequently arrived at the facility for the visit, several DVDs were confiscated from her, but she did not have any marihuana with her. As a result, petitioner was found guilty following a tier III disciplinary hearing of attempting to possess marihuana and soliciting another to smuggle DVDs. The determination was affirmed on administrative...

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