Matter of Banks v. Annucci

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent finding petitioner guilty of violating certain prison disciplinary rules.

A search of petitioner’s cell was authorized and resulted in the recovery of a green leafy substance wrapped in clear plastic and a scalpel-type weapon secreted inside a coffee can in the rear of the cell. The green leafy substance tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possessing drugs, possessing a…