MATTER OF DUCHNOWSKI v. ANNUCCI

526744.

168 A.D.3d 1302 (2019)

92 N.Y.S.3d 460

2019 NY Slip Op 00514

In the Matter of Leo Duchnowski, 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 January 24, 2019.


After a correction officer observed petitioner in a room attempting to roll a cigarette, he entered and directed petitioner to stand in the corner while he frisked the bed and surrounding area. The officer found part of a toilet paper wrapper with an unknown green leafy substance inside and more of the substance on the bed sheet. When asked, petitioner stated that the substance was a leaf from an apple that he taken from the mess hall. The substance later tested positive...

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