Gonzalez v. Goord

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 which found petitioner guilty of violating a prison disciplinary rule.

During the course of a tier III disciplinary hearing on a misbehavior report charging petitioner with using drugs, petitioner admitted that he had eaten pretzels containing poppy seeds. He turned the empty pretzel bag, which still contained some loose poppy seeds, over to the Hearing Officer. As a result, he was charged in a second misbehavior report with the…