MATTER OF KARACOSTANTAKIS v. ANNUCCI

524752.

156 A.D.3d 1092 (2017)

66 N.Y.S.3d 731

2017 NY Slip Op 08775

In the Matter of MICHAEL KARACOSTANTAKIS, 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.


During a search of petitioner's cube, a correction officer found a green leafy substance inside the fingertip of a latex glove that he recovered from the top of petitioner's small locker under a towel. The substance tested negative for marihuana, but positive for amphetamines. Based on the test results and the physical appearance of the substance, a correction sergeant determined that it was synthetic marihuana. Consequently, petitioner was charged in a misbehavior report...

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