MATTER OF CESPEDES v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

507323

68 A.D.3d 1429 (2009)

2009 NY Slip Op 9362

892 N.Y.S.2d 229

In the Matter of CARLOS CESPEDES, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided December 17, 2009.


During a search of petitioner's cell, a correction officer recovered two altered soup cans in a milk crate under petitioner's bed. The first can contained 25 pills, identified by a pharmacist as the prescription medications morphine, percocet and neurontin, as well as a large quantity of U.S. currency. The second can contained 43.5 grams of a green leafy substance that tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possession...

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