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MATTER OF BALLARD v. ANNUCCI

526470.

170 A.D.3d 1298 (2019)

95 N.Y.S.3d 611

2019 NY Slip Op 01694

In the Matter of Darnell Ballard, 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 March 7, 2019.

A search of petitioner's cell in the special housing unit (hereinafter SHU) disclosed four balloons containing a green leafy substance that were hidden inside a tear in the seam of a pillow. After testing, the substance was determined to be synthetic marihuana and petitioner was charged in a misbehavior report with possessing drugs, possessing contraband, damage to state property and smuggling. Following a tier III disciplinary...

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