A search of petitioner's cell disclosed, on top of his cell locker, a partially smoked, rolled cigarette containing a green leafy substance that smelled like and tested positive for marihuana. Petitioner was charged in a misbehavior report with drug possession. Following a tier III disciplinary hearing, he was found guilty of the charge and the determination was upheld on administrative appeal with a reduced penalty. This CPLR article 78 proceeding ensued.
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