Legal Opinion

Wendell v. Annucci

Appellate Division of the Supreme Court of the State of New York

Decided April 27, 2017PublishedCited by 7 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.

A green leafy substance was found in petitioner’s cell that, after testing, was determined to be synthetic marihuana. Petitioner was charged in a misbehavior report with possessing contraband and possessing drugs. Following a tier III disciplinary hearing, he was found guilty of the charges. The determination was upheld on administrative appeal with a modified…

2Cases cited4 opinions

  1. MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
  2. People v. VasquezNew York Court of Appeals · 1997
  3. Gustus v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
  4. Matter of Kaid v. PrackAppellate Division of the Supreme Court of the State of New York · 2016

3Cited by7 opinions

  1. Matter of King v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Truman v. VenettozziAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Wallace v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Laliveres v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2017
  5. Matter of Duchnowski v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2019

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