PETITIONER MAY NOT HAVE BEEN AFFORDED HIS RIGHT TO BE PRESENT WHEN THE UNAUTHORIZED MEDICATION WAS FOUND IN HIS CELL, DETERMINATION ANNULLED (THIRD DEPT).

The Third Department held that the determination petitioner was guilty of possessing unauthorized medication must be annulled because petitioner may not have been afforded his right to be present when the pill was discovered:

… [T]he part of the determination finding petitioner guilty of possessing unauthorized medication must be annulled as the record reflects that petitioner may not have been afforded his conditional right to observe that portion of the cell search that resulted in the pill being discovered. As such, the determination must be annulled to that extent and all references to the charge of possessing unauthorized medication must be expunged from his institutional record … . Matter of Torres v Annucci, 2018 NY Slip Op 08595, Third Dept 12-13-18