Petitioner, a prison inmate, was charged in a misbehavior report with conspiring to introduce drugs into the facility and smuggling after his brother was found with five grams of heroin during a visit and confessed that petitioner had asked him to bring the drugs into the prison. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding.
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