MATTER OF CLARK v. FISCHER

516148.

111 A.D.3d 1045 (2013)

974 N.Y.S.2d 668

2013 NY Slip Op 7536

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

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

Decided November 14, 2013.


After petitioner, a prison inmate, was observed on facility video surveillance attempting to place something in his rectum during a visit, he was placed on a contraband watch. That night, a clear plastic wrapping containing a substance that was later determined to be marihuana was discovered in petitioner's feces, and a misbehavior report was issued charging petitioner with smuggling and possession of marihuana. The following morning, two more clear plastic wrappings containing...

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