MATTER OF DUBOIS v. BEZIO

506848.

67 A.D.3d 1111 (2009)

886 N.Y.S.2d 922

2009 NY Slip Op 07915

In the Matter of DONALD DUBOIS, Petitioner, v. NORMAN R. BEZIO, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided November 5, 2009.


During a search of petitioner's cell, correction officials recovered 40 individual packets of a brownish substance that tested positive for heroin secreted in bags of rice located under petitioner's bed. As a result, petitioner was charged in a misbehavior report with possessing a narcotic drug as well as contraband. Following a tier III disciplinary hearing, petitioner was found guilty of the charges. The determination was later affirmed on administrative appeal with a modified...

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