MATTER OF HORTON v. ANNUCCI

Not in source.

163 A.D.3d 1385 (2018)

80 N.Y.S.3d 744

2018 NY Slip Op 05553

In the Matter of Ryan Horton, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided July 26, 2018.


Petitioner was charged in a misbehavior report with possessing marihuana. According to the report, while a correction officer was conducting a strip frisk of petitioner after he left the visit room, the officer spotted an item protruding from petitioner's anal cavity. When questioned, petitioner voluntarily removed from his rectum four plastic bags containing a green leafy substance that later tested positive for marihuana. Following a tier III disciplinary hearing, petitioner...

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