MATTER OF BLOCKER v. FISCHER

513568.

100 A.D.3d 1118 (2012)

953 N.Y.S.2d 388

In the Matter of MARLO BLOCKER, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

November 8, 2012.


During a search of petitioner's cell, a correction officer discovered a green leafy substance wrapped in tissue paper secreted inside a toilet paper roll. The substance tested positive for marihuana, and petitioner was charged in a misbehavior report with possessing a controlled substance. He was found guilty of this charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal.

Petitioner was charged in a second misbehavior...

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