MATTER OF WHITE v. FISCHER

514976.

107 A.D.3d 1187 (2013)

966 N.Y.S.2d 699

2013 NY Slip Op 4389

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

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

Decided June 13, 2013.


A correction officer smelled the odor of marihuana coming from a cell shared by petitioner and his cellmate. As he approached the cell, he observed that petitioner appeared to be smoking. A cell search was authorized and, while searching the top bunk occupied by petitioner, the officer recovered a state sweater belonging to petitioner with a slit in the waistband and removed a rolled cigarette that had been secreted inside. The...

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