Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of nine charges stemming from three separate misbehavior reports. Respondent concedes, and we agree, that substantial evidence does not support the determination of guilt with respect to the third misbehavior report, which charged petitioner with smuggling and possessing a controlled substance. Accordingly, we annul that part of the determination, but need not remit the matter...
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