MATTER OF MOISE v. ANNUCCI

526884.

168 A.D.3d 1337 (2019)

92 N.Y.S.3d 736

2019 NY Slip Op 00659

In the Matter of Eddie Moise, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided January 31, 2019.


After petitioner was ordered to undergo a strip frisk, a correction officer detected an unknown object in petitioner's mouth and issued multiple direct orders for petitioner to expel that object. Petitioner eventually complied, which led to the discovery of a green leafy substance wrapped in a latex glove finger. Subsequent drug testing identified the green leafy substance as synthetic marihuana. As a result, petitioner was charged in a misbehavior report with refusing a...

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