MATTER OF ORTIZ v. VENETTOZZI

524913.

158 A.D.3d 865 (2018)

70 N.Y.S.3d 598

2018 NY Slip Op 00587

In the Matter of GILBERTO ORTIZ, 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 February 1, 2018.


While a correction officer who was searching petitioner's cell noticed that petitioner kept adjusting his pants, he asked if petitioner had any contraband on him. Petitioner initially said no, but ultimately admitted that he did and pulled a clear package containing an orange powdery substance from the back of his pants, which petitioner identified as crushed suboxone pills. As a result, petitioner was charged in a misbehavior report with smuggling, possessing contraband...

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