MATTER OF McDERMOTT v. ANNUCCI

522115.

142 A.D.3d 1210 (2016)

37 N.Y.S.3d 471

In the Matter of MARK K. McDERMOTT, 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 September 15, 2016.


During the course of a pat frisk, a correction officer found two "pin joints" and a folded piece of white paper containing a green leafy substance inside the right front pocket of petitioner's pants. Petitioner provided a written statement admitting that the items recovered contained K2, also known as synthetic marihuana. They were tested and returned positive results for the presence of amphetamines. Consequently, petitioner was charged in a misbehavior report with possessing...

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