McCann v. Goord

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Washington County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

While in the facility exercise yard, petitioner was seen by a correction officer smoking a thinly-rolled cigarette and passing it to another inmate. When the two inmates noticed correction officers approaching, petitioner quickly left the area and the other inmate attempted to discard the cigarette. The cigarette was recovered and subsequent testing of the…