After an odor of marihuana was detected, the cells in the area were searched and a two-inch sharpened metal object was found in a bag in petitioner's cell. Petitioner was charged in a misbehavior report with possession of a weapon and, following a tier III disciplinary hearing, he was found guilty as charged. The determination was upheld on administrative appeal, with a reduced penalty, and this CPLR article 78 proceeding followed.
The misbehavior report and testimony...
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