Petitioner was charged in a misbehavior report with smuggling and possessing contraband after a pat frisk revealed that he was carrying six cellophane baggies containing a white powdery substance in his pocket. At a tier III disciplinary hearing, petitioner pleaded guilty to smuggling, but not guilty to possessing contraband. Following the hearing, petitioner was found guilty of both charges, and this determination was affirmed on administrative appeal. This CPLR article...
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