James v. Poole

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 Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, a prison inmate, was charged in a misbehavior report with unauthorized exchange and drug possession after he was observed passing what proved to be marihuana to another inmate in a serving line. Petitioner was charged in a second misbehavior report with drug possession after a search of his cell recovered a…