De Freitas 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.

Petitioner was found guilty of violating a prison disciplinary rule prohibiting the possession of narcotics. According to the unusual incident report, petitioner was the addressee of a package that contained 93 grams of marihuana secreted in a soup can. This discovery gave rise to a search of petitioner’s cell where correction officers found two hand-rolled…