In Matter of Florentino v. Washburn , prison inmate Antonio Florentino, faced disciplinary charges after writing a unique letter to his mom.
Florentino asked his mother to bring drugs when she next visited. Although no illegal substances were ever found, the missive was enough to violate prison disciplinary rules.
Based on the letter's content, a tier III disciplinary hearing was held and the Commissioner of Correctional Services found Florentino guilty of drug "possession." An administrative appeal affirmed the charges and even the Appellate Division, Third Department, concurred.
Although Florentino was never in actual possession of drugs, his attempt to secure them was viewed as warranting comparable punishment under the law. (7 NYCRR 270.3 [b]). As the AD3 observed, "Inmates involved in attempts or conspiracies to violate institutional rules of conduct … will be punishable to the same degree as violators of such rules."
Dear Mom, next time, send cash.
To download a copy of the Appellate Division's decision, please use this link: Matter of Florentino v. Washburn