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MATTER OF FUNCHES v. NY STATE DEPT. OF CORRECTIONS & COMMUNITY SUPERVISION

522439.

141 A.D.3d 1006 (2016)

34 N.Y.S.3d 797

In the Matter of Trevis L. FUNCHES, Petitioner, v. NEW YORK STATE Department of Corrections and Community Supervision et al., Respondents.

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

Decided July 21, 2016.

Petitioner was charged in a misbehavior report with possession of contraband and smuggling after a leafy substance wrapped in plastic was found by the correctional facility dentist on the floor next to the dental chair after petitioner had received treatment. The leafy substance subsequently tested positive for amphetamines and was determined to be synthetic marihuana. Following a tier III disciplinary hearing, petitioner was found not guilty of smuggling, but guilty of the...

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