MATTER OF TRUMAN v. VENETTOZZI

523826.

156 A.D.3d 974 (2017)

64 N.Y.S.3d 614

2017 NY Slip Op 08563

In the MATTER OF Joseph TRUMAN, Petitioner, v. DONALD VENETTOZZI, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 7, 2017.


Following a suspicious pat frisk, a correction sergeant asked petitioner if he was carrying contraband and petitioner allegedly responded that he had a ball of synthetic marihuana with a string attached concealed in his rectum. During the ensuing strip frisk of petitioner, a cellophane ball containing two bundles of a green leafy substance was recovered and a correction officer tested the substance for drugs. The substance tested negative for marihuana, but positive for amphetamines...

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