During a search of petitioner's cell, a correction officer found what appeared to be a partially-smoked marihuana cigarette. The item was recovered and tested, but the results were negative for marihuana. Nevertheless, petitioner was charged in a misbehavior report with possessing contraband. He was found guilty of the charge following a tier III disciplinary hearing and the determination was affirmed on administrative appeal. This CPLR article 78 proceeding ensued.
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