MATTER OF McFARLANE v. ANNUCCI

523206.

145 A.D.3d 1312 (2016)

2016 NY Slip Op 08432

43 N.Y.S.3d 608

In the Matter of WAYNE McFARLANE, 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 December 15, 2016.


After petitioner concluded a visit with his son, he was strip frisked and a correction officer noticed a foreign substance in his rectal area. As a result, petitioner was placed on a contraband watch and the correction officer observing him saw him suspiciously move his hand around his groin area, place an unknown item on his food tray and mix it with food. The officer retrieved the tray and noticed a green leafy substance, which had a strong odor of marihuana, mixed into...

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