Garcia v. Smith

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

*1363After petitioner, a prison inmate, surrendered a package of crackers containing poppy seeds, he was served with a misbehavior report charging him with possession of contraband. Petitioner was found guilty following a tier II disciplinary hearing, and that determination was upheld on administrative appeal with a…