Following a tier III disciplinary hearing, petitioner was found guilty of possessing an altered item, but not guilty of possessing a weapon. The former charge constituted, at most, a tier II disciplinary rule violation (see 7 NYCRR 270.2 [B] [14] [ii]), while the latter charge constituted, at most, a tier III disciplinary rule violation (see 7 NYCRR 270.2 [B] [14] [i]). The determination of guilt was upheld on administrative appeal. However, the penalty was...
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