Legal Opinion
Simmons v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2013PublishedCited by 6 opinions
1Opinion of the Court
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 a prison disciplinary rule.
Inside petitioner’s cell, a correction officer found a clear plastic bag containing a green leafy substance wrapped inside a handkerchief located in the lower right pocket of a state-issued winter jacket. The substance later tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possessing a controlled substance. He was found…
2Cases cited4 opinions
- Torres v. GoordAppellate Division of the Supreme Court of the State of New York · 1999
- Hakeem v. CoombeAppellate Division of the Supreme Court of the State of New York · 1996
- Sepe v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Howard v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- Matter of Chandler v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2016
- Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Hyatt v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Hyatt v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
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