Petitioner was charged in a misbehavior report with possessing drugs, possessing contraband and smuggling after a green leafy substance, which later tested positive for marihuana, was found in a bible that petitioner was carrying. Following a hearing, petitioner was found guilty of possessing drugs and contraband but not guilty of the remaining charge. That determination was upheld upon administrative appeal, and this CPLR article 78 proceeding ensued.
Initially,...
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