MATTER OF MALLOY v. RODRIGUEZ

533149.

200 A.D.3d 1382 (2021)

160 N.Y.S.3d 401

2021 NY Slip Op 07049

In the Matter of Edward Malloy, Petitioner, v. Anthony Rodriguez, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided December 16, 2021.


Attorney(s) appearing for the Case

Edward Malloy, Comstock, petitioner pro se.

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

Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


During a frisk of incarcerated individuals on petitioner's cell block, an Office of Special Investigations K-9 dog alerted facility staff to the possible presence of drugs on petitioner. During an ensuing strip frisk of petitioner, he admitted to possessing contraband between his buttocks and then surrendered four glove fingers, three of which contained green leafy vegetation and one of which contained cash. The green leafy vegetation subsequently tested positive for synthetic...

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