Petitioner, presumably a non-English-speaking inmate, was found guilty in a Tier III hearing of violating the prison disciplinary rule against violent conduct and conduct threatening violence (see, 7 NYCRR 270.1 [b] [5] [ii]) for grasping out of his cell at a correction officer's pocket containing pens and cigarettes. The misbehavior report as to this charge states that, "Incident [was] Recorded on Even-West Tape no #3 Sat 4/9...
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