Cross v. Goord

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 a prison disciplinary rule.

After a correction officer noticed that petitioner’s speech was impaired, he was ordered to spit out a packet that he was hiding under his tongue. The packet was found to contain 18 smaller packets of a substance that later tested positive for heroin. Petitioner was charged in a misbehavior report with possession of a controlled substance and was found guilty of…