MATTER OF CABRERA v. MANUEL

530895.

188 A.D.3d 1348 (2020)

131 N.Y.S.3d 918

2020 NY Slip Op 06334

In the Matter of Benjamin Cabrera, Petitioner, v. Jonia K. Manuel, as Hearing Officer/Senior Offender Rehabilitation Counselor, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 5, 2020.


Petitioner was charged in a misbehavior report with smuggling and possessing contraband after two small bundles removed from petitioner's body during surgery and turned over to a correctional facility sergeant tested positive for marihuana and suboxone. Following a tier III disciplinary hearing, at which petitioner pleaded guilty, the Hearing Officer found him guilty of both charges and imposed a penalty of 60 days of keeplock, 60 days of loss of packages, commissary and...

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