MATTER OF BURT v. ANNUCCI

519944

131 A.D.3d 751 (2015)

14 N.Y.S.3d 238

2015 NY Slip Op 06465

In the Matter of RAMION BURT, 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 August 6, 2015.


A correction officer observed petitioner in the shower smoking what appeared to a cigarette. The officer confiscated the cigarette and observed that it did not contain tobacco. When he asked petitioner what was in the cigarette, petitioner allegedly told the officer that it was synthetic marihuana. The contents later tested negative for marihuana, but produced a false-positive result for amphetamines. As a consequence of this incident, petitioner was charged in a misbehavior...

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