FIGUEROA V. NEW JERSEY DEPARTMENT OF CORRECTIONS (A-3914-08T2) 06-28-10
In this appeal, appellant challenges the Department of
Corrections' decision finding him guilty of the prohibited act
of attempting to possess marijuana. In reversing, we determine
that the DOC's adjudication was not based on "substantial
evidence" in the record. In so doing, we reviewed the proofs
necessary to establish that the appellant committed the
prohibited act under the substantial evidence standard. We
construed the term "possession," not otherwise defined in the
definitional sections of the Administrative Code governing
inmate discipline, by applying the same construction as the term
is defined for the purpose of imposing criminal liability under
statutes charging individuals with possession of controlled
dangerous substances. State v. Pena, 178 N.J. 297, 305 (2004).
