MATTER OF McPHERSON v. ANNUCCI

527727.

185 A.D.3d 1302 (2020)

125 N.Y.S.3d 900

2020 NY Slip Op 04210

In the Matter of Franklin McPherson, Appellant, 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 23, 2020.


During a search of petitioner's cell, a correction officer found two balloons filled with a green leafy substance that tested positive for marihuana secreted inside a coffee container. He was charged in a misbehavior report with smuggling and possessing drugs. He entered a plea of guilty at the tier III disciplinary hearing that followed and a determination was rendered finding him guilty of both charges. After the determination was affirmed on administrative appeal, petitioner...

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