Faraldo v. Bezio

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was strip frisked and a small plastic bag containing a green leafy substance fell from his buttocks. The substance later tested positive for marihuana. As a result, petitioner was charged in a misbehavior report with possessing marihuana and smuggling. He was found guilty of the charges following a…