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MATTER OF MICOLO v. ANNUCCI

521758.

140 A.D.3d 1442 (2016)

36 N.Y.S.3d 898

2016 NY Slip Op 04768

In the Matter of MARCUS ANTHONY MICOLO, Appellant, 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 June 16, 2016.

During a random pat frisk of petitioner, he was discovered in possession of two partially crushed pills of percocet that he was supposed to have consumed earlier that day when it was given to him at the medical window. As a result, he was charged in a misbehavior report with possessing an authorized item in an unauthorized area, possessing a narcotic and smuggling. Following a tier III disciplinary hearing, petitioner was found...

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