MATTER OF RIVERA v. COMMISSIONER OF DOCS

518808

122 A.D.3d 1052 (2014)

994 N.Y.S.2d 744

2014 NY Slip Op 07733

In the Matter of RICHARD RIVERA, Petitioner, v. COMMISSIONER OF DOCS, Respondent.

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

Decided November 13, 2014.


Petitioner, an inmate, was found with two pills, later determined to be 800 mg each of Neurontin, in his pocket. He was charged in a misbehavior report with unauthorized possession of medication and smuggling. A search of his cell shortly thereafter disclosed unauthorized items including 165 postage stamps, 14 pills later determined to be Neurontin (three were 300 mg and 11 were 800 mg), 32 packs of cigarettes, and 20 packages of tobacco. He was charged in a second misbehavior...

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