MATTER OF McKOY v. BEZIO

506874.

67 A.D.3d 1232 (2009)

890 N.Y.S.2d 131

2009 NY Slip Op 08548

In the Matter of DONNIE McKOY, 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 19, 2009.


Petitioner was charged in a misbehavior report with failing to follow a direct order, verbal harassment and possession of contraband. The charges stemmed from the circumstances surrounding a search of petitioner's cell, which uncovered bags containing a green leafy substance — subsequently testing positive for marihuana — hidden under petitioner's blanket in the cuff of his robe and in a cigar wrapper. Petitioner was found guilty of all charges following a tier...

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