MATTER OF WIGGINS v. VENETTOZZI

533084.

203 A.D.3d 1362 (2022)

160 N.Y.S.3d 915

2022 NY Slip Op 01494

In the Matter of Dwayne Wiggins, 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 March 10, 2022.


Attorney(s) appearing for the Case

Dwayne Wiggins, Malone, petitioner pro se.

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

Garry, P.J., Clark, Pritzker, Reynolds Fitzgerald and McShan, JJ., concur.


During a pat frisk of petitioner by a correction officer, four orange sublingual strips were found hidden in his coat, which were turned over to a correction officer who was a certified NARK II tester, and identified by the facility nurse as sublingual suboxone. As a result, petitioner was charged in a misbehavior report with drug possession, possessing contraband and smuggling. Following a tier III disciplinary hearing, petitioner was found guilty as charged, and the determination...

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