White v. Fischer

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 certain prison disciplinary rules.

A correction officer smelled the odor of marihuana coming from a cell shared by petitioner and his cellmate. As he approached the cell, he observed that petitioner appeared to be smoking. A cell search was authorized and, while searching the top bunk occupied by petitioner, the officer recovered a state sweater belonging to petitioner with a slit in the…