Correction officers discovered a small cellophane package containing what appeared to be a marihuana cigarette during an authorized strip frisk of petitioner. The item tested positive for marihuana and petitioner was charged in a misbehavior report with possession of a controlled substance. Following a tier III disciplinary hearing, petitioner was found guilty of the charge. Upon administrative review, the determination was upheld and this CPLR article 78 proceeding ensued...
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