Smith v. Coughlin

Appeal from a judgment of the Supreme Court (Prior, Jr., J.), entered February 26, 1991 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding petitioner guilty of violating a prison disciplinary rule.

Petitioner, a prisoner at Great Meadow Correctional Facility in Washington County, was charged by misbehavior report dated September 9, 1989 with a violation of institutional rule 113.12, which prohibits the use of narcotics. It appears that a small plastic bag containing cocaine, which petitioner’s…