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MATTER OF BOGGS v. MARTUSCELLO

510968.

84 A.D.3d 1667 (2011)

923 N.Y.S.2d 369

In the Matter of STEVEN J. BOGGS, Petitioner, v. DANIEL MARTUSCELLO, as Acting Superintendent, et al., Respondents.

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

Decided May 26, 2011.

During a routine inspection, correction officers intercepted and opened a package sent to petitioner by a female visitor. The package contained a book that appeared to have been tampered with and, upon further inspection, a quantity of marihuana was discovered concealed in the binding. Following further investigation, petitioner was charged in a misbehavior report with conspiring to introduce contraband into the facility, soliciting...

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