MATTER OF McFARLANE v. ANNUCCI

527389.

176 A.D.3d 1277 (2019)

109 N.Y.S.3d 765

2019 NY Slip Op 07123

In the Matter of Wayne McFarlane, 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 October 3, 2019.


Attorney(s) appearing for the Case

Wayne McFarlane, Malone, petitioner pro se.

Letitia James , Attorney General, Albany ( Kathleen M. Treasure of counsel), for respondent.

Garry, P.J., Egan Jr., Clark, Devine and Rumsey, JJ., concur.


Petitioner was charged in a misbehavior report with smuggling and possessing drugs. The charges were based upon a correction officer observing petitioner, who was placed on contraband watch following a strip search, mixing something into his food. The correction officer then retrieved the food tray and found plastic bags, as well as a green leafy substance and brown chunky substance, mixed into the food. The green and brown substances subsequently tested positive for marihuana...

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