MATTER OF JOHNSON v. BARKLEY


260 A.D.2d 882 (1999)

689 N.Y.S.2d 537

In the Matter of DERRICK JOHNSON, Petitioner, v. WAYNE BARKLEY, as Superintendent of Riverview Correctional Facility, Respondent.

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

Decided April 22, 1999.


Following a tier II disciplinary hearing, petitioner was found guilty of violating the prison disciplinary rule prohibiting the possession of contraband. The misbehavior report stated that on February 6, 1998 a correction officer discovered a mess hall fork under petitioner's locker while performing a "cube" search. In our view, the clear and detailed misbehavior report, combined with the testimony of the correction officer involved in the search, constitute sufficient evidence...

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