MATTER OF DEVAUGHN v. HEFF

530550.

189 A.D.3d 1803 (2020)

133 N.Y.S.3d 922

2020 NY Slip Op 07443

In the Matter of Alex Devaughn, Petitioner, v. J. Heff, as Corrections Counselor, et al., Respondents.

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

Decided December 10, 2020.


Attorney(s) appearing for the Case

Alex Devaughn, Dannemora, petitioner pro se.

Letitia James , Attorney General, Albany ( Marcus J. Mastracco of counsel), for respondents.

Garry, P.J., Egan Jr., Mulvey, Reynolds Fitzgerald and Colangelo, JJ., concur.


During a search of petitioner's cell, a correction officer found a plastic bag containing pills, later identified as prescription medication, secreted in a jar of massage cream. The jar was found on a shelf above the bars in petitioner's cell. As a result, he was charged in a misbehavior report with possessing unauthorized medication, possessing contraband and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty of all charges. On administrative...

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