MATTER OF RAZOR v. VENETTOZZI

533643.

200 A.D.3d 1180 (2021)

154 N.Y.S.3d 884

2021 NY Slip Op 06740

In the Matter of Derek Razor, Petitioner, v. Donald Venettozzi, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided December 2, 2021.


Attorney(s) appearing for the Case

Derek Razor, Marcy, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondent.

Egan Jr., J.P., Lynch, Pritzker, Aarons and Colangelo, JJ., concur.


According to a misbehavior report, petitioner was observed smoking a cigarette in a prison bathroom that gave off an "unusual odor." When asked by a correction officer what was in the cigarette, petitioner allegedly responded that it was "weed." The cigarette was confiscated, and a green leafy substance was observed rolled inside. The substance tested positive for marihuana and petitioner was charged in the misbehavior report with possessing drugs and possessing contraband...

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