After a search of petitioner's cell in the special housing unit (hereinafter SHU) revealed a toothbrush with a handle that had been sharpened to a point, petitioner was charged in a misbehavior report with possession of a weapon. Following a tier III hearing, he was found guilty as charged and a penalty was imposed, and the determination was upheld on administrative appeal. This CPLR article 78 proceeding ensued.
Substantial evidence was adduced supporting the determination...
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