Petitioner was strip frisked and a small plastic bag containing a green leafy substance fell from his buttocks. The substance later tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possessing marihuana and smuggling. He was found guilty of the charges following a lengthy tier III disciplinary hearing and the determination was subsequently affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
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