The misbehavior report and testimony of the correction officer who authored it and who had investigated the incident provide substantial evidence to support the determination finding petitioner guilty of violent conduct and other charges arising out of the assault of another inmate, notwithstanding that the correction officer did not witness the assault and that the victim subsequently denied that petitioner assaulted him (see, Matter of Primo v Goord,
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MATTER OF LEE v. GOORD
285 A.D.2d 716 (2001)
727 N.Y.S.2d 348
In the Matter of GREGORY LEE, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
Decided July 5, 2001.
Decided July 5, 2001.
Appellate Division of the Supreme Court of the State of New York, Third Department.
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