Inmate Abraham Maldonado allegedly asked a family member to hide "tobacco and other items" in a bathroom towel holder. And after a correction officer wiped out that plan, Maldonado was found guilty of "attempted smuggling."
When he later challenged that determination--by way of a special proceeding, brought pursuant to CPLR Article 78--the Albany County Supreme Court referred the matter to the Appellate Division, Third Department.
Upon its review of the record, the AD3 hung poor Maldonado out to dry -- particularly given the "substantial evidence" supporting the determination, including his own admission that a family member had left the stuff for him.
He needed a quicker picker upper.
To view a copy of the Appellate Division's decision, please use this link: Matter of Maldonado v. New York State Department of Correctional Servs.