Following a tier III disciplinary hearing, petitioner was found guilty of possession of a controlled substance, smuggling and refusing a direct order. As set forth in the misbehavior report, petitioner, during a strip search, removed an object from his underwear and, when a correction officer ordered him to drop it, he attempted to place the object in his mouth. The object, a balloon, was filled with a substance that, upon testing, was determined to be heroin.
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