MATTER OF GUZMAN v. ANNUCCI

523699.

156 A.D.3d 1069 (2017)

66 N.Y.S.3d 740

2017 NY Slip Op 08764

In the Matter of ENRIQUE GUZMAN, Petitioner, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided December 14, 2017.


Petitioner was charged with possessing contraband, possessing a controlled substance and possessing an intoxicant after a search of his locker revealed a green leafy substance, located in a parmesan cheese container, that tested positive for amphetamines and was identified by a correction officer as synthetic marihuana. Following a tier III disciplinary hearing, petitioner was found guilty as charged. Upon petitioner's administrative appeal, the charge of possessing an intoxicant...

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