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SIMMONS v. FISCHER

514873.

105 A.D.3d 1288 (2013)

963 N.Y.S.2d 609

2013 NY Slip Op 2800

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

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

Decided April 25, 2013.

Inside petitioner's cell, a correction officer found a clear plastic bag containing a green leafy substance wrapped inside a handkerchief located in the lower right pocket of a state-issued winter jacket. The substance later tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possessing a controlled substance. He was found guilty of the charge following a tier III disciplinary hearing...

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