MATTER OF COOPERIDER v. ANNUCCI

519876

128 A.D.3d 1266 (2015)

8 N.Y.S.3d 501

2015 NY Slip Op 04377

In the Matter of WAYNE COOPERIDER, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided May 21, 2015.


Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of possession of alcohol and possession of contraband. The charges stemmed from a search of petitioner's cube that revealed two containers of homemade alcohol. Although other inmates had access to the area where the containers were found, a reasonable inference of possession arises where, as here, the area where the contraband was discovered is within petitioner's control ...

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