Legal Opinion

Cespedes v. New York State Department of Correctional Services

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

Decided December 17, 2009PublishedCited by 9 opinions

1Opinion of the Court

During a search of petitioner’s cell, a correction officer recovered two altered soup cans in a milk crate under petitioner’s bed. The first can contained 25 pills, identified by a pharmacist as the prescription medications morphine, percocet and neurontin, as well as a large quantity of U.S. currency. The second can contained 43.5 grams of a green leafy substance that tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possession of drugs, possession of unauthorized property and possession of unauthorized medications. He was found guilty of all of…

2Cases cited8 opinions

  1. Harris v. SelskyAppellate Division of the Supreme Court of the State of New York · 2004
  2. Davis v. McClellanAppellate Division of the Supreme Court of the State of New York · 1994
  3. Carter v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
  4. Ruzas v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  5. Tevault v. FischerAppellate Division of the Supreme Court of the State of New York · 2009

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Truman v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Horne v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  3. Genis v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  4. Minton v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Smith v. FischerAppellate Division of the Supreme Court of the State of New York · 2011

4 more not listed; retrieve them via the Exa API.

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