Legal Opinion
Matter of McDermott v. Annucci
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 2016No. 522115PublishedCited by 4 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 certain prison disciplinary rules.
During the course of a pat frisk, a correction officer found two “pin joints” and a folded piece of white paper containing a green leafy substance inside the right front pocket of petitioner’s pants. Petitioner provided a written statement admitting that the items recovered contained K2, also known as synthetic marihuana. They were tested and returned positive…
2Cases cited6 opinions
- Darnell v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1988
- Curry v. FischerAppellate Division of the Supreme Court of the State of New York · 2014
- Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- Gren v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2014
- Matter of Weekes v. PrackAppellate Division of the Supreme Court of the State of New York · 2015
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3Cited by4 opinions
- Matter of Truman v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
- Sealy v. New York State Department of Corrections & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Guzman v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of James v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2022