MATTER OF EMMONS v. SELSKY


240 A.D.2d 786 (1997)

659 N.Y.S.2d 800

In the Matter of Allen Emmons, Petitioner, v. Donald Selsky, as Director of Inmate Special Housing, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 5, 1997


Petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of a weapon after a frisk of his cell yielded a blade fashioned from a can lid. Petitioner challenges the determination of his guilt on the ground that it was not based upon substantial evidence. We disagree. The misbehavior report and the testimony of the correction officer who discovered the weapon in petitioner's cell provided substantial evidence to support the determination...

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